Volume 38 Number 32 Saturday, August 9, 2008 • Harrisburg, PA Pages 4345—4496 See Part II page 4459 Part I for the Department of Agencies in this issue Public Welfare’s Assisted The Courts Living Residences Capitol Preservation Committee Delaware River Basin Commission Department of Banking Department of Community and Economic Development Department of Environmental Protection Department of General Services Department of Health Department of Public Welfare Department of Transportation Environmental Quality Board Independent Regulatory Review Commission Insurance Department Office of Attorney General Pennsylvania Public Utility Commission State Board of Cosmetology State Board of Nursing State Employees’ Retirement System Detailed list of contents appears inside.

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Copyright ௠ 2008 Commonwealth of Pennsylvania Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 4347 CONTENTS THE COURTS DEPARTMENT OF PUBLIC WELFARE Proposed Rulemaking DISCIPLINARY BOARD OF THE SUPREME COURT Assisted living residences ...... 4459 Notice of hearing ...... 4354 Notices JUDICIAL CONDUCT Income limits and co-payments for the Subsidized Amendment of rule 15 of the rules of conduct for Child Care Program ...... 4441 magisterial district judges; magisterial doc. no. 1; no.246...... 4353 DEPARTMENT OF TRANSPORTATION Amendment of the rules of procedure of the court of Proposed Rulemaking judicial discipline; doc. no. 1 JD 94 ...... 4353 Air transportation ...... 4375 LOCAL COURT RULES ENVIRONMENTAL QUALITY BOARD Warren and Forest Counties Rules and Regulations Rule of criminal procedure—sentencing judge; rule Coal mines ...... 4368 700; no. 56 of 2008; miscellaneous ...... 4354 Mine opening blasting...... 4355 Steam redesignations (Big Brook, et al.)...... 4364 EXECUTIVE AGENCIES INDEPENDENT REGULATORY REVIEW COMMISSION CAPITOL PRESERVATION COMMITTEE Notices Notices Action taken by the Commission ...... 4449 Request for proposal ...... 4398 Notice of filing of final rulemaking...... 4450 DELAWARE RIVER BASIN COMMISSION INSURANCE DEPARTMENT Proposed Rulemaking Notices Proposed amendments to the Water Code and Com- Liberty Mutual Fire Insurance Company; Liberty prehensive Plan to implement a revised water Insurance Corporation and The First Liberty In- audit approach to identify and control water surance Corporation; private passenger automo- loss ...... 4373 bile; rate and rule revisions; rate filing...... 4450 DEPARTMENT OF BANKING William Roberts, M. D.; prehearing ...... 4451 Notices Dennis Winkelman, D. O.; prehearing ...... 4451 Actions on applications...... 4398 OFFICE OF ATTORNEY GENERAL DEPARTMENT OF COMMUNITY AND ECONOMIC Notices DEVELOPMENT Public meeting ...... 4451 Notices PENNSYLVANIA PUBLIC UTILITY COMMISSION Fiscal Year 2008-09 Grant Program for destination marketing organizations...... 4399 Proposed Rulemaking Advanced notice of proposed rulemaking order...... 4393 DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices Notices Service of notice of motor carrier applications...... 4451 Applications, actions and special notices...... 4400 Municipal Recycling Program performance grant STATE BOARD OF COSMETOLOGY applications under act 101, section 904 of the Notices municipal waste planning, recycling and waste reduction act of 1988...... 4439 Bureau of Professional and Occupational Affairs v. Statewide Water Resources Committee meeting .....4441 Fredrick Corduff, II; doc. no. 1168-56-2008 ...... 4455 DEPARTMENT OF GENERAL SERVICES STATE BOARD OF NURSING Notices Notices Real estate for sale ...... 4441 Bureau of Professional and Occupational Affairs v. Diane Finnegan; doc. no. 2383-51-2007 ...... 4455 DEPARTMENT OF HEALTH Notices STATE EMPLOYEES’ RETIREMENT BOARD Pennsylvania Cancer Control, Prevention and Re- Proposed Rulemaking search Advisory Board meeting ...... 4441 Death benefits ...... 4396

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PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4348 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin Bulletin before it can take effect. If the agency The Pennsylvania Bulletin is the official gazette of wishes to adopt changes to the Notice of Proposed the Commonwealth of Pennsylvania. It is published Rulemaking to enlarge the scope, they must re- every week and includes a table of contents. A propose. cumulative subject matter index is published quar- Citation to the Pennsylvania Bulletin terly. Cite material in the Pennsylvania Bulletin by The Pennsylvania Bulletin serves several pur- volume number and page number. Example: Volume poses. First, it is the temporary supplement to the 1, Pennsylvania Bulletin, page 801 (short form: 1 Pennsylvania Code, which is the official codification Pa.B. 801). of agency rules and regulations and other statuto- Pennsylvania Code rily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or The Pennsylvania Code is the official codification emergency action must be published in the Pennsyl- of rules and regulations issued by Commonwealth vania Bulletin. Further, agencies proposing changes agencies and other statutorily authorized docu- to the codified text do so in the Pennsylvania ments. The Pennsylvania Bulletin is the temporary Bulletin. supplement to the Pennsylvania Code, printing changes as soon as they occur. These changes are Second, the Pennsylvania Bulletin also publishes: then permanently codified by the Pennsylvania Governor’s Executive Orders; State Contract No- Code Reporter, a monthly, loose-leaf supplement. tices; Summaries of Enacted Statutes; Statewide The Pennsylvania Code is cited by title number and Local Court Rules; Attorney General Opinions; and section number. Example: Title 10 Pennsylva- Motor Carrier Applications before the Public Utility nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). Commission; Applications and Actions before the Department of Environmental Protection; Orders of Under the Pennsylvania Code codification system, the Independent Regulatory Review Commission; each regulation is assigned a unique number by and other documents authorized by law. title and section. Titles roughly parallel the organi- zation of Commonwealth government. Title 1 Penn- The text of certain documents published in the sylvania Code lists every agency and its correspond- Pennsylvania Bulletin is the only valid and enforce- ing Code title location. able text. Courts are required to take judicial notice of the Pennsylvania Bulletin. How to Find Documents Adoption, Amendment or Repeal of Search for your area of interest in the Pennsylva- Regulations nia Code. Generally an agency wishing to adopt, amend or The Pennsylvania Code contains, as Finding Aids, repeal regulations must first publish in the Pennsyl- subject indexes for the complete Code and for each vania Bulletin a Notice of Proposed Rulemaking. individual title, a list of Statutes Used As Authority There are limited instances where the agency may for Adopting Rules and a list of annotated cases. omit the proposal step; they still must publish the Source Notes give you the history of the documents. adopted version. To see if there have been recent changes, not yet codified, check the List of Pennsylvania Code Chap- The Notice of Proposed Rulemaking contains the ters Affected in the most recent issue of the Penn- full text of the change, the agency contact person, a sylvania Bulletin. fiscal note required by law and background for the The Pennsylvania Bulletin also publishes a quar- action. terly List of Pennsylvania Code Sections Affected The agency then allows sufficient time for public which lists the regulations in numerical order, comment before taking final action. An adopted followed by the citation to the Pennsylvania Bulle- proposal must be published in the Pennsylvania tin in which the change occurred.

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PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4349

Printing Format Material proposed to be added to an existing rule or regulation is printed in bold face and material proposed to be deleted from such a rule or regulation is enclosed in brackets []and printed in bold face. Asterisks indicate ellipsis of Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary style face.

Fiscal Notes Section 612 of The Administrative Code of 1929 (71 P. S. § 232) requires that the Office of Budget prepare a fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissions or authorities receiving money from the State Treasury stating whether the proposed action or procedure causes a loss of revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions; that the fiscal note be published in the Pennsylvania Bulletin at the same time as the proposed change is advertised; and that the fiscal note shall provide the following information: (1) the designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year the program is implemented; (3) projected cost estimate of the program for each of the five succeeding fiscal years; (4) fiscal history of the program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of its implementation; (6) projected loss of revenue from the program for each of the five succeeding fiscal years; (7) line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds shall occur as a result of the action or procedures; (8) recommendation, if any, of the Secretary of the Budget and the reasons therefor. The required information is published in the foregoing order immediately following the proposed change to which it relates; the omission of an item indicates that the agency text of the fiscal note states that there is no information available with respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years; in that order, following the year the program is implemented, which is stated. In item (4) information is set forth for the current and two immediately preceding years, in that order. In item (8) the recommendation, if any, made by the Secretary of Budget is published with the fiscal note. See 4 Pa. Code § 7.231 et seq. Where ‘‘no fiscal impact’’ is published, the statement means no additional cost or revenue loss to the Commonwealth or its local political subdivision is intended.

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§ 3.44. General permission to reproduce content of Code and Bulletin. Information published under this part, which information includes, but is not limited to, cross references, tables of cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numerical lists and codification guides, other than the actual text of rules or regulations may be reproduced only with the written consent of the Bureau. The information which appears on the same leaf with the text of a rule or regulation, however, may be incidentally reproduced in connection with the reproduction of the rule or regulation, if the reproduction is for the private use of a subscriber and not for resale. There are no other restrictions on the reproduction of information published under this part, and the Commonwealth hereby consents to a reproduction.

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4350 List of Pa. Code Chapters Affected

The following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents published in the Pennsylvania Bulletin during 2008.

4 Pa. Code (Administration) 209...... 4368 Adopted Rules 209a ...... 4368 6 ...... 741, 2146, 2148, 2231, 2234, 2236, 2647 210...... 4355 7 ...... 474, 2230 215...... 2243 221...... 2243 Proposed Rules 225...... 2243 241...... 613, 614 247...... 612, 615, 2062, 4396 230...... 2243 255...... 2268 240...... 2243 271...... 1357 Statements of Policy 279...... 1357 9 ...... 2659, 2660, 2661, 3360, 3660 287...... 1357 293...... 1357 7 Pa. Code (Agriculture) 806...... 610 Adopted Rules 145...... 2654 808...... 610 146...... 2654 Proposed Rules 147...... 2654 86...... 80 93 (correction) ...... 236, 612, 976 Proposed Rules 21...... 2268 121...... 229, 1831, 1838 23...... 2268 126...... 229 25...... 2268 129...... 1831, 1838 27...... 2268 130 (correction) ...... 1150 111...... 2256 145...... 1838 113...... 2253 218...... 1246 115...... 2262 240...... 1246 139...... 1830 901...... 4373 143...... 3819 Statements of Policy 19 Pa. Code (Corporations and Business Associations) 16...... 258 Notices...... 2199 83...... 889 22 Pa. Code (Education) 28 Pa. Code (Health and Safety) Adopted Rules Adopted Rules 4 ...... 872, 1148 101...... 573 14...... 3575 117...... 573 36...... 339 201...... 4083 Proposed Rules 211...... 4083 23...... 750, 1150 213...... 4083 27...... 750, 1150 215...... 4083 338...... 76 31 Pa. Code (Insurance) 339...... 2485 Proposed Rules 711...... 3593 84b...... 1949 139...... 1960 Proposed Rules 146d ...... 4101 4 ...... 2270 42...... 1961 37 Pa. Code (Law) 171...... 2052 Adopted Rules Statements of Policy 23...... 1587 52...... 1727 Proposed Rules 25 Pa. Code (Environmental Protection) 221...... 1486 Adopted Rules 77...... 4355 40 Pa. Code (Liquor) 87...... 4355 Adopted Rules 88...... 4355 3 ...... 2250 89...... 4355 5 ...... 2250 93...... 1357, 4364 7 ...... 2250 121...... 1705 13...... 2250 127...... 2365 129...... 1705 Proposed Rules 145...... 1705 5 ...... 499

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4351

43 Pa. Code (Military Affairs) 6400 ...... 1937 Adopted Rules 6500 ...... 1937 9 ...... 1823 Statements of Policy 49 Pa. Code (Professional and Vocational Standards) 3270 ...... 2469 Adopted Rules 3280 ...... 2469 13...... 3794 3290 ...... 2469 21...... 3656, 3796, 3806 39...... 3811 58 Pa. Code (Recreation) 40...... 1829, 3658 Adopted Rules 43b...... 3654 53...... 1584 47...... 484 63...... 1584 49...... 484 65...... 1468 91...... 1725 Proposed Rules 111...... 1468 18...... 2059 137...... 3490, 3499 21...... 344, 3246 139...... 3490, 3491 27...... 350, 351 141...... 1471, 1472, 3489 39...... 1168 143...... 1469, 1470, 3489 47...... 3253 147...... 1472, 1473, 3497 48...... 3253 405a ...... 1474 49...... 3253 421a ...... 1585, 1965 423a ...... 1585 Statements of Policy 437a ...... 2251 16...... 2661 441a ...... 3978 461a ...... 1474 51 Pa. Code (Public Officers) Proposed Rules Proposed Rules 31...... 435, 1253 29...... 2155 33...... 435, 1253 63...... 3241 35...... 435, 1253 65...... 1588 37...... 435, 1253 69...... 1589 39...... 435, 1253 137...... 1484 41...... 435, 1253 139...... 1591, 1597, 3243 43...... 435, 1253 141...... 1482, 1590, 3242, 3243 45...... 435, 1253 143...... 1477, 1482 51...... 435, 1253 147...... 1477, 1483, 3244 53...... 435, 1253 401a ...... 1151, 2053, 3980 55...... 435, 1253 405a ...... 2054 57...... 435, 1253 421a ...... 2054 59...... 435, 1253 433a ...... 2054 61...... 435 434a ...... 3980 63...... 435 435a ...... 1151, 2054, 3505 65...... 435, 1253 438a ...... 3980 439a ...... 1151 52 Pa. Code (Public Utilities) 441a ...... 1039, 1041, 1151, 2269, 3505, 3980 Adopted Rules 443a ...... 3820 63...... 488 461a ...... 343, 1151, 3507 Proposed Rules 461b ...... 1151 54...... 776, 1843 463a ...... 1151, 3507 62...... 776, 1843 465a ...... 1151, 3505, 3507 63...... 758, 2056 467a ...... 3507 64...... 2658 Statements of Policy 76...... 776, 1843 57...... 1965 Unclassified ...... 3245, 3246 421b ...... 977 436b ...... 2279 Statements of Policy 461b ...... 354 69...... 4107 61 Pa. Code (Revenue) 55 Pa. Code (Public Welfare) Adopted Rules Adopted Rules 32...... 1148 3270 ...... 2437 113...... 1476 3280 ...... 2437 Statements of Policy 3290 ...... 2437 60...... 977 3300 ...... 2437 67 Pa. Code (Transportation) Proposed Rules Proposed Rules 2380 ...... 1937 71...... 3501 2390 ...... 1937 83...... 3503 2800 ...... 4459 471 ...... 4375

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4352

473 ...... 4375 1915 ...... 3614 479 ...... 4375 2950 ...... 3236 3000 ...... 3650 201 Pa. Code (Judicial Administration) 4000 ...... 1814 Adopted Rules 2 ...... 220 234 Pa.Code (Rules of Criminal Procedure) 5 ...... 3613 Adopted Rules 7 ...... 220 1 ...... 745, 3971 2 ...... 3651 Proposed Rules 5 ...... 3971 30...... 1924 Proposed Rules 204 Pa. Code (Judicial System General Provisions) 1 ...... 61,865 Adopted Rules 6 ...... 1816 83...... 1701 85...... 1812 237 Pa. Code (Juvenile Rules) 87...... 1812 Adopted Rules 91...... 1812 1 ...... 2360 93...... 1812 2 ...... 2360 5 ...... 3238 Proposed Rules 11...... 2360 213...... 1438 13...... 2360 303...... 9 100...... 1142 150...... 1146 207 Pa. Code (Judicial Conduct) 300...... 1142 Adopted Rules 600...... 1146 33...... 1445 800...... 1142 51...... 4353 61...... 1445 Proposed Rules 1 ...... 1349 Proposed Rules 5 ...... 63 1 ...... 4353 11...... 477, 1349 61...... 865, 1037 13...... 477 18...... 477 210 Pa. Code (Judicial Conduct) Adopted Rules 246 Pa. Code (Minor Court Civil Rules) 15...... 2359 Adopted Rules 17...... 2359 400...... 3356 21...... 3355, 3970 500...... 3239, 3355 Proposed Rules 1000 ...... 2040 3 ...... 2480 17...... 1445 Proposed Rules 21...... 1446 200...... 1817, 2046, 2151

225 Pa. Code (Rules of Evidence) 249 Pa. Code (Philadelphia Rules) Proposed Rules Unclassified ..... 223, 868, 1241, 2046, 2049, 2481, 3896, 803...... 3789 4071, 4072, 4077

231 Pa. Code (Rules of Civil Procedure) 252 Pa. Code (Allegheny Rules) Adopted Rules Unclassified ...... 64, 3483, 3488 200...... 1349, 3970 1000 ...... 3481 255 Pa. Code (Local Court Rules) 1915 ...... 1815 Unclassified ...... 72, 223, 225, 338, 481, 482, 596, 748, 975, 1037, 1241, 1354, 1449, 1458, 1466, 1583, 1702, Proposed Rules 1704, 1819, 1931, 2050, 2152, 2240, 2242, 2363, 2364, 200...... 337, 3236, 3650 2483, 2484, 2652, 3240, 3652, 3790, 3791, 3793, 4082, 1000 ...... 1701 4354 1910 ...... 1447, 3617

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4353 THE COURTS It Is Ordered pursuant to Article V, Section 10 of the Title 207—JUDICIAL Constitution of Pennsylvania that Rule 15 of the Rules of Conduct for Magisterial District Judges be, and hereby is, CONDUCT amended to read as follows.

PART IV. COURT OF JUDICIAL DISCIPLINE This Order shall be processed in accordance with [ 207 PA. CODE CH. 1 ] Pa.R.J.A. No. 103(b), and shall be effective immediately. Amendment of the Rules of Procedure of the WILLIAM H. LAUB, Court of Judicial Discipline; Doc. No. 1 JD 94 President Judge Order Annex A Per Curiam: TITLE 207. JUDICIAL CONDUCT And Now, this 23rd day of July, 2008, the Court, PART II. CONDUCT STANDARDS pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, having proposed to amend Rule of CHAPTER 51. STANDARDS OF CONDUCT OF Procedure No. 121(C), as more specifically hereinafter set MAGISTERIAL DISTRICT JUDGES forth, It Is Hereby Ordered: That Court Administrator Wanda W. Sweigart pro- PENNSYLVANIA RULES FOR MAGISTERIAL vide for the publication of the Amendment in the DISTRICT JUDGES Pennsylvania Bulletin, and Rule 15. Public Office and Political Activity. That interested parties shall submit suggestions, comments or objections no later than thirty days from ***** the publication of this Order in that Bulletin. D. With respect to their campaign conduct, magisterial WILLIAM H. LAMB, district judges or candidates for such office shall: President Judge Annex A ***** TTITLE 207. JUDICIAL CONDUCT (3) not make pledges or promises of conduct in office PART IV. COURT OF JUDICIAL DISCIPLINE other than the faithful and impartial performance of the duties of the office; make statements that commit [ or ARTICLE I. PRELIMINARY PROVISIONS appear to commit ] the candidate with respect to cases, CHAPTER 1. GENERAL PROVISIONS controversies or issues that are likely to come before the DOCUMENTS GENERALLY court; or misrepresent their identity, qualifications, present position, or other fact. Rule 121. Filing; Docketing. ***** ***** (C) Unless otherwise ordered by the Court, or as FINAL REPORT otherwise provided by these rules, a filing shall consist of the original and [ 10 ] three (3) copies, except, in the Amendment to Rule 15 of the Rules of Conduct for case of pleadings in excess of 20 pages, in which Magisterial District Judges case an original and 10 copies are required. On July 22, 2008, effective immediately, upon recom- [Pa.B. Doc. No. 08-1452. Filed for public inspection August 8, 2008, 9:00 a.m.] mendation of the Minor Court Rules Committee,1 the Supreme Court of Pennsylvania approved an amendment to Rule 15 of the Rules of Conduct for Magisterial District Judges.2 I. Background PART II. CONDUCT STANDARDS [ 207 PA. CODE CH. 51 ] On March 17, 2008, the Supreme Court of Pennsylva- nia issued an Order amending Canon 7 B(1)(c) of the Amendment of Rule 15 of the Rules of Conduct for Code of Judicial Conduct.3 The Order deleted the phrase Magisterial District Judges; Magisterial Doc. No. ‘‘or appear to commit’’ from Canon 7B(1)(c). 1; No. 246 Pa.R.C.P.M.D.J. No. 15 is modeled, in part, upon Canon 7 of the Code of Judicial Conduct. Therefore, in order to Order maintain consistency between the Code of Judicial Con- duct and the Rules of Conduct for Magisterial District Per Curiam: Judges, the Minor Court Rules Committee (‘‘Committee’’) And Now, this 22nd day of July, 2008, upon recommen- agreed that an immediate amendment to Rule 15 was dation of the Minor Court Rules Committee, the proposal advisable. having been submitted without publication pursuant to 1 Minor Court Rules Committee Recommendation 7-2008. Pa.R.J.A. No. 103(a)(3) in the interest of justice and 2 Supreme Court of Pennsylvania Order No. 246, Magisterial Docket No. 1, (July 22, 2008). efficient administration, and a Final Report to be pub- 3 Supreme Court of Pennsylvania Order No. 317, Judicial Administration Docket No. lished with this Order: 1 (March 17, 2008).

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4354 THE COURTS

II. Discussion and Approved Rule Change (2) File two (2) certified copies and one disk copy with Although the commentary following M.D.J. No. 15 D(3) the Legislative Reference Bureau for publication in the cites to Republican Party of Minnesota v. White, 122 S.Ct. Pennsylvania Bulletin. 2528 (2002), the Committee felt that because of the (3) File one (1) certified copy with the Pennsylvania Pennsylvania Supreme Court’s removal of the clause Criminal Procedural Rules Committee. ‘‘appear to commit’’ from Canon 7, similar action was (4) File one (1) copy with the Prothonotaries of the needed in the Rules of Conduct. Republican Party of Court of the 37th Judicial District. Minnesota v. White was a United States Supreme Court decision that found Minnesota’s limits on judicial cam- By The Court paign speech unconstitutional. The commentary including WILLIAM F. MORGAN, the citation to White was added to Rule 15D(3) in President Judge November 2002.4 At the same time, the Supreme Court of Pennsylvania removed language from Rule 15D(3), replac- Rule 700. Sentencing Judge. ing it with the current language - ‘‘make statements that A sentence on a plea of guilty or nolo contendere may be commit or appear to commit the candidate . . .’’ 5 imposed by a judge other than the judge who received the Despite the fact that the inclusion of a reference to plea, if the defendant has been notified of the possibility White in the Rules of Conduct provides some guidance for at the time of entering the plea. magisterial district judges about their ability to comment Comment: This rule is not intended to proscribe sen- on issues during political races, the Committee agreed tencing by a judge who did not receive the plea when that the language ‘‘or appear to commit’’ must be removed there are extraordinary circumstances which preclude the from Rule 15D(3) due to its corresponding removal from presence of that judge. Canon 7. Therefore, the Committee recommended re- *** moval of that phrase. [Pa.B. Doc. No. 08-1454. Filed for public inspection August 8, 2008, 9:00 a.m.] [Pa.B. Doc. No. 08-1453. Filed for public inspection August 8, 2008, 9:00 a.m.]

Title 255—LOCAL DISCIPLINARY BOARD OF COURT RULES THE SUPREME COURT Notice of Hearing WARREN AND FOREST COUNTIES Rule of Criminal Procedure—Sentencing Judge; A Petition for Reinstatement to the active practice of law has been filed by Bernard J. McBride, Jr. and will be Rule 700; No. 56 of 2008; Miscellaneous the subject of a hearing on September 9, 2008, before a hearing committee designated by the Board. Anyone Order wishing to be heard in reference to this matter should And Now, this 24th day of July, 2008, it is hereby contact the District I Office of the Disciplinary Board of Ordered that the Local Rule of Criminal Procedure Rule the Supreme Court of Pennsylvania, 16th Floor, Seven 700 for the 37th Judicial District composed of Forest and Penn Center, 1635 Market Street, Philadelphia, PA Warren Counties pertaining to the Sentencing Judge be, 19103, (215) 560-6296, on or before August 29, 2008. In and the same hereby is, promulgated herewith, to be accordance with Board Rule § 89.274(b), since this for- become effective 30 days after publication in the Pennsyl- merly admitted attorney resides outside of the Common- vania Bulletin. wealth of Pennsylvania, this notice is published in the The Court Administrator of the 37th Judicial District is Pennsylvania Bulletin. directed to: ELAINE M. BIXLER, (1) File seven (7) certified copies of this Order with the Secretary Administrative Office of Pennsylvania Courts. The Disciplinary Board of the Supreme Court of Pennsylvania 4 Supreme Court of Pennsylvania Order No. 137, Magisterial Docket No. 1, Book 2 [Pa.B. Doc. No. 08-1455. Filed for public inspection August 8, 2008, 9:00 a.m.] (Nov. 21, 2002). 5 The Court removed the phrase ‘‘announce his views on disputed legal or political issues.’’ See Order No. 137, Magisterial Docket No. 1, Book 2 (Nov. 21, 2002).

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4355 RULES AND REGULATIONS licenses. In addition, the scheduling requirements appli- Title 25—ENVIRONMENTAL cable to the use of explosives for constructing openings for coal and industrial mineral underground mines are made PROTECTION more flexible. The requirements for protective measures to be taken when surface coal mine blasting is in ENVIRONMENTAL QUALITY BOARD proximity to a public highway or an entrance to a mine [ 25 PA. CODE CHS. 77, 87—89 AND 210 ] are also made more flexible. Mine Opening Blasting The SMCRA and the NCSMCRA broadly define ‘‘surface mining activities’’ and ‘‘surface mining’’ respectively, to The Environmental Quality Board (Board) amends include activities conducted on the surface that are Chapters 77, 87—89 and 210 to read as set forth in incidental to the establishment or operation of an under- Annex A. This final-form rulemaking addresses a number ground mine, including, among other things, the construc- of issues regarding blasting at a mine site. It clarifies tion of the mine opening from the surface to the coal that the use of explosives in connection with the construc- seam or mineral strata being or to be mined. Mine tion of a mine opening for an underground mine is a opening construction occurs in proximity to inhabited surface mining activity subject to the applicable require- areas and the Department receives complaints about the ments in Chapters 77, 87 or 88 (relating to noncoal affects of the related blasting activity during the con- mining; surface mining of coal; and anthracite coal) and struction of the entire opening (to the coal seam or that the person conducting the blasting activity shall mineral being mined). Applying surface mining blasting possess a blaster’s license. This final-form rulemaking regulations to the construction of the entire mine opening increases the flexibility in the scheduling of blasting for is necessary because it limits airblast and ground vibra- constructing openings for coal and industrial mineral tion and prohibits the flyrock that potentially could result underground mines, as well as, the limits for the result- from the blasting. Airblast and ground vibration is lim- ing ground vibrations and airblasts. Also, the require- ited to prevent damage of nearby structures and to ments for protective measures to be taken when surface prevent blasting that would be a nuisance. Flyrock is coal mine blasting is in proximity to a public highway or prohibited to prevent property damage and to prevent an entrance to a mine have been made more flexible. personal injury or death. Finally, a category for mine opening blasting is being added to the classifications of blaster’s licenses. Even though the explosives regulations for surface This final-form rulemaking was adopted by the Board anthracite and bituminous mines require all blasts to be at its meeting of April 15, 2008. conducted by a blaster licensed under Chapter 210 (relat- ing to licensing of blasters), there has been some confu- A. Effective Date sion as to whether Chapter 210 applies to entry blasting. These amendments are effective upon publication in the See §§ 87.134(c), 88.124(c) and 210.12 (relating to use of Pennsylvania Bulletin. explosives: general requirements; blasting: general re- B. Contact Persons quirements; and to scope). This confusion is related to the fact that blasting for underground mines is also autho- For further information, contact Joseph Pizarchik, Di- rized by the Pennsylvania Anthracite Coal Mine Act and rector, Bureau of Mining and Reclamation, P. O. Box the Pennsylvania Bituminous Coal Mine Act (52 P. S. 8461, Rachel Carson State Office Building, Harrisburg, §§ 70-101—70-133 and 701-101—701-127) and persons PA 17105-8461, (717) 787-5015; or Marc A. Roda, Assis- authorized by the Pennsylvania Anthracite Coal Mine Act tant Counsel, Bureau of Regulatory Counsel, P. O. Box and the Pennsylvania Bituminous Coal Mine Act are 8464, Rachel Carson State Office Building, Harrisburg, exempt from Chapter 210. It is the Department’s position PA 17105-8464, (717) 787-7060. that the requirements of §§ 87.124(d) and 88.134(c), C. Statutory Authority requiring that all surface blasting activities be conducted by a competent blaster licensed in compliance with This final-form rulemaking is promulgated under the Chapter 210, apply. Based on the unique issues regarding authority in section 4.2 of the Surface Mining Conserva- mine opening blasting, it is necessary to create a separate tion and Reclamation Act (SMCRA) (52 P. S. § 1396.4b); license classification for this activity that takes into section 11 of the Noncoal Surface Mining Conservation consideration that mine opening blasters are conducting and Reclamation Act (NCSMCRA) (52 P. S. § 3311); and blasting operations below the surface that result in the sections 1917-A and 1920-A of The Administrative Code of need to limit that blasting’s effect on people and property 1929 (71 P. S. §§ 510-17 and 510-20). on the surface. D. Background and Purpose The requirement that currently limits blasting to day- This final-form rulemaking amends the regulations light hours, when applied to all mine opening blasting, regarding the use of explosives in connection with the poses a significant risk to mine workers without signifi- development of an opening for an underground mine to cantly protecting the rest of the public. A risk of instabil- ensure that these regulations protect both the public and ity in a mine opening under construction exists if that miners. This final-form rulemaking clarifies that the use opening passes through sandstone or shale strata because of explosives in connection with the construction of a these rocks deteriorate when exposed to air and water. If mine opening for an underground coal or noncoal mine is this situation exists, blasting on an as-needed basis is a surface mining activity or surface mining subject to the necessary to enable the expeditious grouting of the mine applicable requirements in Chapters 77, 87 or 88 and opening with a ring of cement, sealing off the exposure to that the person conducting the blasting activity shall air and water. Public protection is provided by applying possess a blaster’s license. A category for mine opening limits to airblast and ground vibration and prohibiting blasting is being added to the classifications of blaster’s flyrock.

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Barricading and guarding a highway, as required by Executive Order 1996-1 §§ 87.127 and 88.135 (relating to use of explosives: One commentator contended that this rulemaking es- surface blasting requirements; and blasting: surface blast- tablishes regulations that exceed federal standards with- ing requirements) is not always the best method for out complying with Executive Order 1996-1. protecting the public from mine blasting near that high- way. In many cases, careful design of blasts protects the The regulation is consistent with Executive Order public more than barricading roads that are heavily 1996-1. The Department has received complaints about traveled, subjecting the traveling public to the threat of mine opening blasting. The compelling Pennsylvania in- accidents resulting from blocking of the road. terest is that blasting is an ultra-hazardous activity and unregulated blasting presents a risk of injury or death The Mining and Reclamation Advisory Board (MRAB) and property damage from flyrock; can be a nuisance to considered the proposed rulemaking package at the Au- nearby inhabitants, especially if blasting occurs at night; gust 15, 2005, October 27, 2005, and January 5, 2006, and, can generate ground vibration and airblasts that meetings. While there was general agreement on many damage nearby structures. sections, the MRAB deadlocked on whether certain changes should be made to affirm mine opening blasting Blasts is a surface mining activity. MRAB directed the Depart- One commentator is concerned that the term ‘‘blast’’ as ment to proceed to the Board and to note the MRAB’s used in §§ 77.564(b), 87.127(a) and 88.135(a) is vague position in the proposed rulemaking package. and should be defined. The notice of proposed rulemaking for the mine opening The Department agrees. The term ‘‘blast’’ has been blasting amendments was published at 36 Pa.B. 5608 defined as ‘‘a detonation of explosives.’’ In addition, the (September 2, 2006). There was a 30-day comment period. term blasting has been defined as ‘‘the detonation of The Pennsylvania Coal Association (PCA) and the Inde- explosives.’’ pendent Regulatory Review Commission (IRRC) submit- Requests for unscheduled mine opening blasting ted comments. The Department has considered these comments and has prepared a comment and response A commentator inquired as to the criteria and process document. The comment and response document is avail- to be used by the Department to determine whether able on the Department’s web site and from the contact unscheduled blasting is necessary to maintain the mine person listed in Section B of this order. opening’s stability. The MRAB considered this final rulemaking package at Blasting activity in connection with the construction of the January 25, 2007, meeting. The Department’s regula- a mine opening is reviewed and approved as part of the tory authority over the blasting associated with the mining permit. The vehicle for this review and approval construction of the entire shaft was discussed. The discus- is the blast plan. See for example, § 87.64 (relating to sion led to a motion that the MRAB not endorse the blasting plan). It is the operator’s obligation to establish regulations. The motion not to endorse the regulations that blasting after sunset is necessary to maintain the carried 4-3 because members of the MRAB hold that mine mine opening’s stability. A risk of instability in a mine opening blasting down to the coal seam is not surface opening under construction exists if that opening passes mining activity. Although the Department appreciated the through sandstone or shale strata because these rocks advice of the MRAB, the Department moved forward to deteriorate when exposed to air and water. If this situa- final-form rulemaking. The Department recommended tion exists, blasting on an as needed basis is necessary to proceeding to final-form rulemaking because the SMCRA enable the expeditious grouting of the mine opening with statutory definition of ‘‘surface mining activity’’ includes a ring of cement, sealing off the exposure to air and ‘‘strip, auger mining, dredging, quarrying and leaching, water. and all surface activity connected with surface or under- Consent to alternative ground vibration and airblast ground mining, including, but not limited to, exploration, limitations site preparation, entry, tunnel, drift, slope, shaft and borehole drilling and construction . . .’’ A commentator recommended that the regulations indi- cate what information, including the blaster’s strict liabil- E. Summary of Comments and Responses on the Proposed ity, the building owner and lessee must be given before Rulemaking and Changes Made in the Final-Form giving written consent to less stringent vibration limits. Rulemaking An additional regulation is unnecessary. The regula- The Board approved publication of the proposed rule- tions provide vibration limits that, if adhered to, ensure making at its May 17, 2006, meeting, and the notice of that damage will not occur to buildings or other struc- proposed rulemaking was published at 36 Pa.B. 5608. The tures. See for example, § 77.564(f) and (i). The written following is a summary of the major comments that the consent of a building owner is a civil agreement between Board received along with the responses: the permittee and the owner of the building, and if applicable, the lessee. Each party is responsible for Statutory authority ensuring that their interests are protected. The Depart- The commentators questioned the Department’s statu- ment cannot evaluate the appropriateness of a request for tory authority to regulate all blasting in connection with alternative vibration limits unless the consent is clear the construction of an underground coal mine opening as and specific. surface coal mining blasting. A commentator recommended developing a standard Both the SMCRA and the NCSMCRA apply to the consent form for waivers of peak particle velocity and construction of an opening to a mine from the surface to airblast limits and asked if a homeowner’s waiver of the coal seam or mineral deposit to be mined. The regulatory limits negates their insurance coverage. definition of ‘‘surface mining activity’’ in SMCRA and the It is not appropriate to use the regulations to develop definition of ‘‘surface mining’’ in NCSMCRA clearly in- forms. The Department is not in a position and does not clude the construction of mine openings within the activi- have the authority to obtain and then analyze a home- ties covered by these statutes. owner’s insurance policy to determine whether a civil

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 RULES AND REGULATIONS 4357 agreement between a mine operator and a homeowner G. Sunset Review will affect the homeowner’s insurance coverage. This final-form rulemaking will be reviewed in accord- Ground vibration and airblast limits ance with the sunset review schedule published by the A commentator observed that the use of the term Department to determine whether the regulations effec- ‘‘vibration limits’’ was unclear. tively fulfill the intended goals. The term has been changed to ‘‘ground vibration and H. Regulatory Review airblast limits.’’ Under section 5(a) of the Regulatory Review Act (71 Airblast P. S. § 745.5(a)), on August 17, 2006, the Department A commentator questioned why it is no longer neces- submitted a copy of the notice of proposed rulemaking, sary to use excessive noise as a basis for placing further published at 36 Pa.B. 5608, to the IRRC and to the restrictions on blasting. Chairpersons of the Senate and House Environmental Resources and Energy Committees (Committees). The term ‘‘noise’’ is a misnomer. The effect of blasting is an increase of air pressure above ambient levels which is Under section 5(c) of the Regulatory Review Act, IRRC called ‘‘airblast.’’ Noise relates to human hearing. Airblast and the Committees were provided with copies of the levels at low frequencies (below 20 Hz), also referred to as comments received during the public comment period, as concussions, are not audible by persons but may ad- well as other documents when requested. In preparing versely affect buildings or other structures. To avoid these final-form regulations, the Department has consid- confusion and to ensure consistency, the terms noise and ered all comments from IRRC, the Committees and the sound pressure have been either deleted or replaced with public. the term ‘‘airblast.’’ Under section 5.1(j.2) of the Regulatory Review Act, on Alternative measures June 18, 2008, these final-form regulations were deemed A commentator asked if local governments or residents approved by the Committees. Under section 5.1(e) of the will be given notice and the opportunity to participate in Regulatory Review Act, IRRC met on June 19, 2008, and the Department’s decision to approve alternate protective approved the final-form regulations. measures. I. Findings Local governments and residents will have the same opportunity to participate in the decision on a request for The Board finds that: alternative measures as they are given for the other aspects of the permit application. (1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 Blasting Reports (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1 A change has been made to § 88.137(4) to specify that and 7.2. blast records must include the identity of the dwelling or other structure closest to the blasting as well as the (2) A public comment period was provided as required distance and direction. The preamble to the notice of by law, and all comments were considered. proposed rulemaking discussed making this change to §§ 87.129(4) and 88.137(4). However, the proposed (3) This final-form rulemaking does not enlarge the amendment to § 88.137(4) was not in the Annex A purpose of the proposal published at 36 Pa.B. 5608. approved by the Board and published as part of the notice of proposed rulemaking. This oversight has been corrected (4) This final-form rulemaking is necessary and appro- and the complete language has been included in this priate for administration and enforcement of the autho- final-form rulemaking. rizing acts identified in Section C of this order. F. Benefits, Cost, and Compliance J. Order Costs The Board, acting under the authorizing statutes, This final-form rulemaking will not increase costs. The orders that: existing regulations require all blasting in connection with the construction of a mine opening, from the surface (a) The regulations of the Department, 25 Pa. Code to the coal seam or mineral to be mined, to comply with Chapters 77, 87—89 and 210, are amended by amending the applicable surface mining explosives regulations. The §§ 77.1, 77.564, 87.1, 87.124, 87.126, 87.127, 87.129, 88.1, final-form rulemaking amends the surface mining explo- 88.135, 88.137, 88.493, 89.5, 89.62, 210.11, 210.12 and sives regulations to eliminate any ambiguity that the 210.17 to read as set forth in Annex A, with ellipses regulations apply to mine opening blasting and to provide referring to the existing text of the regulations. greater flexibility to enhance the safety of the workers constructing the mine opening and for the safety of the (b) The Chairperson of the Board shall submit this traveling public when blasting is in proximity to a public order and Annex A to the Office of General Counsel and road. the Office of Attorney General for review and approval as to legality and form, as required by law. Compliance assistance plan (c) The Chairperson of the Board shall submit this Compliance assistance will be provided by the surface order and Annex A to IRRC and the Committees as mine inspectors and explosives inspectors. required by the Regulatory Review Act. Paperwork requirements (d) The Chairperson of the Board shall certify this This final-form rulemaking has no effect on existing order and Annex A and deposit them with the Legislative paperwork requirements. Reference Bureau, as required by law.

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(e) This order shall take effect immediately upon publi- (f) Airblasts shall be controlled so that they do not cation in the Pennsylvania Bulletin. exceed 133 dBL at a dwelling, public building, school, JOSEPH R. POWERS, chuch or commercial or institutional structure, unless the Acting Chairperson structure is owned by the person who conducts the surface mining activities and is not leased to another (Editor’s Note: For the text of the order of the Indepen- person. The lessee may sign a waiver relieving the dent Regulatory Review Commission relating to this operator from meeting the airblast limitations of this document, see 38 Pa.B. 3726 (July 5, 2008).) subsection. Fiscal Note: Fiscal Note 7-400 remains valid for the final adoption of the subject regulations. (1) Exceptions. The Department may specify lower maximum allowable airblast levels than those in this Annex A subsection for use in the vicinity of a specific blasting TITLE 25. ENVIRONMENTAL PROTECTION operation, if necessary. PART I. DEPARTMENT OF ENVIRONMENTAL (2) Monitoring. The operator shall conduct periodic PROTECTION monitoring to ensure compliance with the airblast stan- dards. The Department may require an airblast measure- Subpart C. PROTECTION OF NATURAL ment of a blast, and may specify the location of the RESOURCES requirements. ARTICLE I. LAND RESOURCES ***** CHAPTER 77. NONCOAL MINING CHAPTER 87. SURFACE MINING OF COAL Subchapter A. GENERAL PROVISIONS § 77.1. Definitions. Subchapter A. GENERAL PROVISIONS The following words and terms, when used in this § 87.1. Definitions. chapter, have the following meanings, unless the context clearly indicates otherwise: The following words and terms, when used in this chapter, have the following meanings unless the context ***** clearly indicates otherwise: Blast—A detonation of explosives. ***** Blasting—The detonation of explosives. Blast—A detonation of explosives. ***** Mine opening blasting—Blasting conducted for the pur- Blasting—The detonation of explosives pose of constructing a shaft, slope, drift or tunnel mine ***** opening for an underground mine, either operating or under development, from the surface down to the point Mine opening blasting—Blasting conducted for the pur- where the mine opening connects with the mineral strata pose of constructing a shaft, slope, drift or tunnel mine to be or being extracted. opening for an underground mine, either operating or ***** under development, from the surface down to the point where the mine opening connects with the coal seam to Subchapter I. ENVIRONMENTAL PROTECTION be or being extracted. PERFORMANCE STANDARDS ***** USE OF EXPLOSIVES § 77.564. Surface blasting requirements. Subchapter E. SURFACE COAL MINES: MINIMUM ENVIRONMENTAL PROTECTION PERFORMANCE ***** STANDARDS (b) Blasting shall be conducted between sunrise and § 87.124. Use of explosives: general requirements. sunset, at times announced in the blasting schedule, except that mine opening blasting conducted after the (a) A person who conducts surface mining activities second blast, for that mine opening, may be conducted at shall comply with this chapter and applicable State and any time of the day or night as necessary to maintain Federal laws in the use of explosives. stability of the mine opening to protect the health and safety of mine workers. For mine opening blasting con- (b) Blasts that use more than 5 pounds of explosive or ducted after the second blast, for that mine opening, the blasting agents shall be conducted according to the Department may approve ground or airblast vibration schedule required under § 87.126 (relating to use of limits at a dwelling, public building, school, church or explosives: public notice of blasting schedule). commercial or institutional structure, that are less strin- gent than those specified in subsections (f) and (i) if (c) Blasting operations shall be conducted by or under consented to, in writing, by the affected building owner the supervision of a competent blaster licensed and and lessee, if leased to another party. operating in compliance with Chapter 210 (relating to blasters’ licenses). (c) The Department may specify more restrictive time periods, airblast or ground vibration limits, based on (d) Blasting operations shall be conducted in compli- public requests or other relevant information, according ance with Chapter 211 (relating to storage, handling and to the need to adequately protect the public from the use of explosives). adverse affects of ground vibration, airblast or safety hazards. (e) A person responsible for blasting operations at a blasting site shall be familiar with the blasting plan and ***** site-specific performance standards.

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§ 87.126. Use of explosives: public notice of blasting commercial or institutional structure, that are less strin- schedule. gent than those specified in subsection (e) or (m) if (a) Blasting schedule publication. consented to, in writing, by the structure owner and lessee, if leased to another party. (1) Each person who conducts surface mining activities shall publish a blasting schedule in a newspaper of (b) The Department may specify more restrictive time general circulation in the locality of the proposed site, at periods, airblast or ground vibration limits, based on least 10 days, but not more than 30 days, before begin- public requests or other relevant information, according ning a blasting program in which blasts that use more to the need to adequately protect the public from the than 5 pounds of explosives or blasting agents are adverse affects of ground vibration, airblast or safety detonated. hazards. (2) Copies of the schedule shall be distributed by mail ***** to local governments and public utilities and by mail or (e) Airblast shall be controlled so that it does not delivered to each resident within 1/2 mile of the blasting exceed the level specified in this subsection at a dwelling, area. Copies sent to residents shall be accompanied by public building, school, church or commercial or institu- information advising the owner or resident how to re- tional structure, unless the structure is located on the quest a preblasting survey. permit area when the structure owner and lessee, if (3) The person who conducts the surface mining activi- leased to another party, have each signed a waiver ties shall republish and redistribute the schedule by mail relieving the operator from meeting the airblast limita- at least every 12 months. tions of this subsection. (b) Blasting schedule contents. (1) The maximum allowable airblast level is 133 dBL. (1) A blasting schedule may not be so general as to ***** cover the entire permit area or all working hours, but (f) Requirements for blasting are as follows: must identify as accurately as possible the location of the (1) Public highways and entrances to the operation blasting sites and the time periods when blasting will shall be barricaded and guarded by the operator if the occur. highways and entrances to the operations are located (2) The blasting schedule must contain at a minimum within 800 feet of a point where a blast is about to be the following: fired. The operator may use an alternative measure to (i) Identification of the specific areas in which blasting this requirement if the operator demonstrates, to the will take place. Each specific blasting area described must Department’s satisfaction, that the alternative measure is be reasonably compact and not larger than 300 acres at least as effective at protecting persons and property (121.4 hectares). from the adverse affects of a blast. Alternative measures are measures such as: (ii) Dates and time periods when explosives are to be detonated. (i) Slowing or stopping traffic in coordination with appropriate State or local authorities, including local (iii) Methods to be used to control access to the blasting police. area. (ii) Using mats to suppress fly rock. (iv) Types of audible warnings and all-clear signals to be used before and after blasting. (iii) Designing the blast to prevent damage or injury to persons and property located on the public highways or at (v) A description of possible emergency situations that the operation’s entrances by using design elements such might prevent blasting at times announced in the blast- as: ing schedule, such as rain, lightning, other atmospheric conditions or operator or public safety which may require (A) Orienting the blast so that the direction of relief is unscheduled detonation. away from public highways or operation entrances. (c) Public notice of changes to blasting schedules. (B) Adjusting blast design parameters including: (1) The person who conducts the surface mining activi- (I) The diameter of holes. ties shall prepare a revised blasting schedule before (II) The number of rows. blasting in areas or at times not in a previous schedule. (III) The number of holes. (2) The blasting schedule shall be revised, published and distributed in accordance with this section. Advice on (IV) The amount and type of explosive. requesting a preblast survey need not be provided to (V) The burden and spacing. those parties advised in the original distribution under subsection (a)(2). (VI) The amount and type of stemming. § 87.127. Use of explosives: surface blasting require- (VII) The powder factor. ments. ***** (a) Blasting shall be conducted between sunrise and (j) When seismographs are not used to monitor peak sunset, at times announced in the blasting schedule, particle velocity, the maximum weight of explosives to be except that mine opening blasting conducted after the detonated within an 8 millisecond period may be deter- second blast, for that mine opening, may be conducted at mined by the formulaW=(D/Ds)2 where W equals the any time of day or night as necessary to maintain maximum weight of explosives, in pounds, that can be stability of the mine opening to protect the health and detonated in any 8 millisecond period or greater, D equals safety of mineworkers. For mine opening blasting con- the distance, in feet, from the blast to the nearest ducted after the second blast, for that mine opening, the dwelling, school, church, commercial or institutional Department may approve ground vibration and airblast building and Ds equals the scaled distance factor. The limits at a dwelling, public building, school, church or development of a modified scaled-distance factor may be

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4360 RULES AND REGULATIONS authorized by the Department on receipt of a written (1) The name of the operator conducting the blast. request by the operator, supported by seismographic (2) The location, date and time of blast. records of blasting at the minesite. The modified scaled- distance factor shall be determined so that the particle (3) The name, signature and license number of blaster- velocity of the predicted ground vibration will not exceed in-charge. the prescribed maximum allowable peak particle velocity (4) The identification of and the direction and distance, of subsection (m) at a 95% confidence level. in feet, to the nearest dwelling, public building, school, ***** church, commercial or institutional building or other structure. (l) The Department may require a seismograph record of blasts and may specify the location at which the (5) Weather conditions, including temperatures, wind measurements are taken. direction and approximate velocity. (m) The maximum ground vibration may not exceed (6) The type of material blasted. the following limits at the location of a dwelling, public (7) The number of holes, burden and spacing. building, school, church or community or institutional building: (8) The diameter and depth of holes. Maximum (9) The types of explosives used. allowable peak Scaled-distance (10) The total weight of explosives used. particle velocity factor to be Distance (D), from (Vmax) for applied without (11) The maximum weight of explosives detonated per the blasting site, ground vibration, seismic monitoring delay interval. in feet in inches/second1 (Ds)2 (12) The maximum number of holes detonated per 0 to 300 1.25 50 delay interval. 301 to 5,000 1.00 55 (13) The initiation system. 5,001 and beyond .75 65 (14) The type and length of stemming. 1 Ground vibration shall be measured as the particle (15) The mats or other protections used. velocity. Particle velocity shall be recorded in three mutually perpendicular directions. The maximum allow- (16) The type of delay detonator and delay periods able peak particle velocity shall apply to each of the three used. measurements. (17) A sketch of the blast pattern, including number of 2Applicable to the scaled-distance equation of subsec- holes, burden, spacing, decks and delay pattern. tion (j). (18) The number of persons in the blasting crew. (n) The Department will not permit blasting to be (19) Seismographic and airblast records, when re- conducted until: quired, including the type of instrument, sensitivity and (1) Blasting plans, under § 87.64 (relating to blasting calibration signal of the gain setting or certification of plan), are approved by the Department and the approved annual calibration and the following: blasting plan is returned to the operator. (i) The seismographic or airblast level, or both, reading, (2) Notification of completion of requested preblasting including the exact location of seismograph and its dis- surveys, under § 87.125 (relating to use of explosives: tance from the blast. preblasting survey), is received by the Department. (ii) The name of the person taking the seismograph (3) Copy of the proof of publication of each blasting reading. schedule, under § 87.126 (relating to use of explosives; (iii) The name of person and firm analyzing the seismo- public notice of blasting schedule), is received by the graphic record. Department. (20) The reasons and conditions for each unscheduled (o) An operator may use Figure 1, the blast level chart, blast. to determine the maximum allowable ground vibration. If Figure 1 is used, the operator shall provide a seismo- CHAPTER 88. ANTHRACITE COAL graph record including both the particle velocity time- Subchapter A. GENERAL PROVISIONS history (wave form) and the particle velocity and vibra- PRELIMINARY PROVISIONS tion frequency levels for each blast. § 88.1. Definitions. ***** The following words and terms, when used in this (1) The vibration frequency shall be displayed and chapter, have the following meanings, unless the context analyzed over the frequency range of 1 Hz through 100 clearly indicates otherwise: Hz. ***** (2) The permittee shall obtain Department approval of the analytical method used to determine the predominant Blast—A detonation of explosives. frequency before applying this alternative criterion. Blasting—The detontation of explosives. § 87.129. Use of explosives: records of blasting op- ***** erations. Mine opening blasting—Blasting conducted for the pur- A record of each blast shall be retained for at least 3 pose of constructing a shaft, slope, drift or tunnel mine years and shall be available for inspection by the Depart- opening for an underground mine, either operating or ment and the public on request. Seismographic reports, if under development from the surface down to the point applicable, must be made a part of that record. The where the mine opening connects with the coal seam to record must contain the following data: be or being extracted.

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***** (i) Slowing or stopping traffic in coordination with Subchapter B. SURFACE ANTHRACITE COAL appropriate State or local authorities, including local MINES: MINIMUM ENVIRONMENTAL police. PROTECTION PERFORMANCE STANDARDS (ii) Using mats to suppress fly rock. § 88.135. Blasting: surface blasting requirements. (iii) Designing the blast to prevent damage or injury to (a) Blasting shall be conducted between sunrise and persons and property located on the public highways or at sunset, except that mine opening blasting conducted after the operation’s entrances by using design elements such the second blast for that mine opening may be conducted as: at any time of day or night as necessary to maintain (A) Orienting the blast so that the direction of relief is stability of the mine opening to protect the health and away from public highways or operation entrances. safety of mine workers. For mine opening blasting con- (B) Adjusting blast design parameters including: ducted after the second blast, for that mine opening, the Department may approve ground vibration and airblast (I) The diameter of holes. limits at a dwelling, public building, school, church or (II) The number of rows. commercial or institutional structure, that are less strin- gent than those specified in subsection (h) if consented to, (III) The number of holes. in writing, by the structure owner and lessee, if leased to (IV) The amount and type of explosive. another party. (V) The burden and spacing. (b) The Department may specify more restrictive time periods, airblast or ground vibration limits, based on (VI) The amount and type of stemming. public requests or other relevant information, according (VII) The powder factor. to the need to adequately protect the public from the adverse affects of ground vibration, airblast or safety ***** hazards. (h) In all blasting operations, the blasts shall be de- ***** signed and conducted in a manner that achieves either a scaled distance of 90 or meets the maximum allowable (f) Blasting operations must meet the following re- peak particle velocity as indicated by Figure 1 at the quirements: location of any dwelling, public building, school, church or (1) Public highways and entrances to the operation commercial or institutional building. Peak particle veloci- shall be barricaded and guarded by the operator if the ties shall be recorded in three mutually perpendicular highways and entrances to the operations are located directions—longitudinal, transverse and vertical. The within 800 feet of a point where a blast is about to be maximum peak particle velocity shall be the largest of fired. The operator may use an alternative measure to any of three measurements. The Department may reduce this requirement if the operator demonstrates, to the the maximum peak particle velocity allowed, if it deter- Department’s satisfaction, that the alternative measure is mines that a lower standard is required because of at least as effective at protecting persons and property density of population or land use, age or type of structure, from the adverse affects of a blast. Alternative measures geology or hydrology of the area, frequency of blasts or are measures such as: other factors. The airblast level may not exceed 133 dBL.

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(i) The maximum peak particle velocity and airblast § 88.137. Use of explosives: records of blasting op- limitations of this section do not apply at the following erations. locations: A record of each blast shall be retained for at least 3 years and shall be available for inspection by the Depart- (1) At structures owned by the person conducting the ment and the public on request. Seismographic reports, if mining activity, and not leased to another party. applicable, must be made a part of that record. The (2) At structures owned by the person conducting the record must contain the following data: mining activity, and leased to another party, if a written (1) The name of the operator conducting the blast. waiver by the lessee is submitted to the Department prior (2) The location, date and time of blast. to the blasting. (3) The name, signature and license number of blaster- (j) Where seismographs are not used to monitor peak in-charge. velocity, the maximum weight of explosives to be deto- (4) The identification of and the direction and distance, nated within any 8 millisecond period may be determined in feet, to the nearest dwelling, school, church or commer- 2 by formulaW=(D/50) where W = the maximum weight cial or institutional building if it is one of the following: of explosives, in pounds, that can be detonated in any 8 millisecond period, or greater and D = the distance, in (i) Not located in the permit area. feet, from the blast to the nearest dwelling, school, church (ii) Not owned nor leased by the person who conducts or commercial institutional building. the surface mining activities. (k) Where a seismograph is used to monitor the peak (5) Weather conditions, including temperatures, wind direction and approximate velocity. particle velocity a seismograph record shall be obtained for each blast. (6) The type of material blasted. (7) The number of holes, burdens and spacing. (l) The Department may require a seismograph record of any blasts and may specify the location at which the (8) The diameter and depth of holes. measurements are taken. (9) The types of explosives used.

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(10) The scaled distance. Subchapter B. OPERATIONS (11) The total weight of explosives used. PERFORMANCE STANDARDS (12) The maximum weight of explosives detonated per § 89.62. Use of explosives. delay interval. Each person who conducts surface blasting activities (13) The maximum number of holes detonated per incident to underground mining activities, including, but delay interval. not limited to, mine opening blasting, shall conduct the activities in compliance with Chapter 87 (relating to (14) The initiation system. surface mining of coal). (15) The type and length of stemming. ARTICLE IV. OCCUPATIONAL HEALTH AND (16) The mats or other protections used. SAFETY (17) The type of delay detonator and delay periods CHAPTER 210. BLASTERS’ LICENSES used. § 210.11. Definitions. (18) The arrangement of the delay pattern. The following words and terms, when used in this (19) The seismograph records, when required, including chapter, have the following meanings, unless the context the calibration signal of the gain setting and the follow- clearly indicates otherwise: ing: Blaster—A person who is licensed by the Department (i) A seismograph reading, including exact location of under this chapter to detonate explosives and supervise seismograph and its distance from the blast. blasting activities. (ii) The name of the person taking the seismograph Blaster learner—An individual who is learning to be a reading. blaster and who participates in blasting activities under the direct supervision of a blaster. (iii) The name of the person and firm analyzing the seismographic record. Blaster’s license—A license to detonate explosives and supervise blasting activities issued by the Department Subchapter F. ANTHRACITE UNDERGROUND under this chapter. MINES § 88.493. Minimum environmental protection per- Demolition and demolition blasting—The act of wreck- formance standards. ing or demolishing a structure with explosives. A person who conducts underground mining activities Mine opening blasting—Blasting conducted for the pur- shall comply with the performance standards and design pose of constructing a shaft, slope, drift or tunnel mine requirements of this section. The following performance opening for an underground mine, either operating or standards shall be met: under development, from the surface down to the point where the mine opening connects with the mineral strata ***** to be or being extracted. (7) Use of explosives includes: Person—A natural person. (i) A person who conducts surface blasting activities § 210.12. Scope. incident to underground mining activities, including, but not limited to, mine opening blasting shall conduct the This chapter applies to persons engaging in the detona- activities in compliance with §§ 88.45 and 88.134— tion of explosives within this Commonwealth. Except for 88.137. persons engaging in mine opening blasting, this chapter does not apply to persons authorized to detonate explo- (ii) A person who conducts underground blasting activi- sives or to supervise blasting activities under: ties shall comply with this chapter and applicable State and Federal laws and regulations in the use of explosives. (1) The Pennsylvania Anthracite Coal Mine Act (52 P. S. §§ 70.101—70.1405). ***** (2) The Pennsylvania Bituminous Coal Mine Act (52 CHAPTER 89. UNDERGROUND MINING OF COAL P. S. §§ 701-101—701-706). AND COAL PREPARATION FACILITIES § 210.17. Issuance and renewal of licenses. Subchapter A. EROSION AND SEDIMENTATION CONTROL (a) A blaster’s license is issued for a specific classifica- tion of blasting activities. The classifications will be GENERAL PROVISIONS determined by the Department and may include general § 89.5. Definitions. blasting (which includes all classifications except demoli- tion, mine opening blasting and underground noncoal The following words and terms, when used in this mining), trenching and construction, seismic and pole line chapter, have the following meanings, unless the context work, well perforation, surface mining, underground clearly indicates otherwise: noncoal mining, mine opening blasting, industrial, limited ***** and demolition. Mine opening blasting—Blasting conducted for the pur- (b) A person may apply to amend the blaster’s license pose of constructing a shaft, slope, drift or tunnel mine for other classifications by meeting the requirements of opening for an underground mine, either operating or § 210.14 (relating to eligibility requirements) and by under development, from the surface down to the point submitting a complete application. where the mine opening connects with the coal seam to (c) A blaster’s license will be issued for 3 years. be or being extracted. (d) A blaster’s license is renewable if the blaster can ***** demonstrate that he has had 8 hours of continuing

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4364 RULES AND REGULATIONS education in Department-approved courses related to Pennsylvania) sets forth certain requirements for portions blasting and safety within the 3 year period. of the Commonwealth’s antidegradation program. (e) The blaster’s license may be renewed for a 3-year D. Background of the Proposed Amendments term by submitting a renewal application to the Depart- Water quality standards are in-stream water quality ment and a check for $30, payable to the Commonwealth goals that are implemented by imposing specific regula- of Pennsylvania. tory requirements (such as treatment requirements and (f) A person who intends to be a blaster and whose effluent limits) on individual sources of pollution. blaster’s license was not renewed within 1 year of its The Department may identify candidates for redesigna- expiration date shall apply for a new license under tion during routine waterbody investigations. Requests §§ 210.14—210.16 (relating to eligibility requirements; for consideration may also be initiated by other agencies. license application; and examinations). Organizations, businesses or individuals may submit a (g) A person who conducted demolition blasting under a rulemaking petition to the Board. general blaster’s license may conduct demolition blasting The Department considers candidates for High Quality after July 14, 2001, by applying for and receiving a (HQ) or Exceptional Value (EV) Waters and all other demolition blaster’s license. The Department may waive designations in its ongoing review of water quality stan- the examination required by § 210.14 and the application dards. In general, HQ and EV waters must be maintained fee if the blaster demonstrates at least 3 years of at their existing quality and permitted activities shall experience in demolition blasting. The demonstration ensure the protection of designated and existing uses. shall be in the form of a notarized statement from the blaster’s employer that describes the blaster’s experience. Existing use protection is provided when the Depart- ment determines, based on its evaluation of the best [Pa.B. Doc. No. 08-1456. Filed for public inspection August 8, 2008, 9:00 a.m.] available scientific information, that a surface water attains water uses identified in 25 Pa. Code §§ 93.3 and 93.4 (relating to protected water uses; and Statewide water uses). Examples of water uses protected include the following: Cold Water Fishes (CWF), Warm Water Fishes ENVIRONMENTAL QUALITY BOARD (WWF), HQ and EV. A final existing use determination is made on a surface water at the time the Department [ 25 PA. CODE CH. 93 ] takes a permit or approval action on a request to conduct Stream Redesignations (Big Brook, et al.) an activity that may impact surface water. If the determi- nation demonstrates that the existing use is different The Environmental Quality Board (Board) by this order than the designated use, the water body will immediately amends 25 Pa. Code §§ 93.9b, 93.9f, 93.9g, 93.9n, 93.9o receive the best protection identified by either the at- and 93.9r to read as set forth in Annex A. tained uses or the designated uses. A stream will then be ‘‘redesignated’’ through the rulemaking process to match A. Effective Date the existing uses with the designated uses. For example, These amendments are effective upon publication in the if the designated use of a stream is listed as protecting Pennsylvania Bulletin as final-form rulemaking. WWF but the redesignation evaluation demonstrates that the water attains the use of CWF, the stream would B. Contact Persons immediately be protected for CWF, prior to a rulemaking. For further information, contact Richard H. Shertzer, Once the Department determines the water uses attained Chief, Division of Water Quality Standards, Bureau of by a surface water, the Department will recommend to Water Standards and Facility Regulation, 11th Floor, the Board that the existing uses be made ‘‘designated’’ Rachel Carson State Office Building, P. O. Box 8467, 400 uses, through rulemaking, and be added to the list of uses Market Street, Harrisburg, PA 17105-8467, (717) 787- identified in § 93.9 (relating to designated water uses 9637 or Michelle Moses, Assistant Counsel, Bureau of and water quality criteria). Regulatory Counsel, 9th Floor, Rachel Carson State Office These streams were evaluated in response to five Building, P. O. Box 8464, Harrisburg, PA 17105-8464, petitions, as well as requests from the Department’s (717) 787-7060. Persons with a disability may use the Southeast Regional Office (SERO), Southcentral Regional AT&T Relay Service by calling (800) 654-5984 (TDD- Office (SCRO) and Bureau of Water Standards and users) or (800) 654-5988 (voice users). This proposal is Facility Regulation (BWSFR) as follows: available electronically through the Department of Envi- ronmental Protection (Department) web site www.depweb. Big Brook—Petition: (Lebanon Township (Wayne County) state.pa.us. Board of Supervisors) Mill Creek—BWSFR C. Statutory and Regulatory Authority Brooke Evans Creek—Petition: (Larry Piasecki) Wissahickon Creek—Petition: (Upper Gwynedd Township; This final-form rulemaking is being made under the Montgomery County) authority of sections 5(b)(1) and 402 of The Clean Beaver Creek—SERO Streams Law (35 P. S. §§ 691.5(b)(1) and 691.402), which Stone Creek—SCRO authorizes the Board to develop and adopt rules and Furnace Run—Petition: (students from Conestoga Valley regulations to implement the provisions of The Clean High School, Lancaster County) Streams Law and section 1920-A of The Administrative Clarion River—Petition: (Iron Furnace Chapter of Trout Code of 1929 (71 P. S. § 510-20), which grants to the Unlimited, the Alliance for Wetlands and Wildlife, the Board the power and duty to formulate, adopt, and Commissioners of Clarion County, and Reliant Energy promulgate rules and regulations for the proper perfor- Mid-Atlantic Power Holding, LLC) mance of the work of the Department. In addition, section 303 of the Federal Clean Water Act (33 U.S.C. § 1313) These regulatory changes were developed as a result of sets forth requirements for water quality standards and aquatic studies conducted by the BWSFR. The physical, the Federal regulation at 40 CFR 131.32 (relating to chemical, and biological characteristics and other infor-

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 RULES AND REGULATIONS 4365 mation on these waterbodies were evaluated to determine level of treatment or best management practices to meet the appropriateness of the current and requested designa- the designated and existing uses of the stream. These tions using applicable regulatory criteria and definitions. increased costs may take the form of higher engineering, In reviewing whether waterbodies qualify as HQ or EV construction or operating cost for point source discharges. waters, the Department considers the criteria in § 93.4b Treatment costs and best management practices are (relating to qualifying as High Quality or Exceptional site-specific and depend upon the size of the discharge in Value Waters). Based upon the data collected in relation to the size of the stream and many other factors. these surveys, the Board has made the designations in It is therefore not possible to precisely predict the actual Annex A. change in costs. Economic impacts would primarily in- E. Summary of Comments and Responses on the Proposed volve the potential for higher treatment costs for new or Rulemaking expanded discharges to streams that are redesignated. The initial costs resulting from the installation of techno- The Board approved the proposed rulemaking for the logically advanced wastewater treatment processes and Big Brook, et al. package at its February 20, 2007, best management practices may be offset by potential meeting. The proposed rulemaking was published at 37 savings from and increased value of improved water Pa.B. 2190 (May 12, 2007) with provision for a 45-day quality through more cost-effective and efficient treat- public comment period that closed on June 26, 2007. ment over time. Comments were received from two commentators includ- ing the United States Environmental Protection Agency 3. Compliance Assistance Plan. The regulatory revi- (EPA) Region 3 and the Upper Gwynedd Township. sions have been developed as part of an established program that has been implemented by the Department The EPA Region 3 office supported the package in since the early 1980s. The revisions are consistent with general, but also requested additional clarification in the and based on existing Department regulations. The revi- stream redesignation evaluation for the Clarion River sions extend additional protection to selected waterbodies regarding which of six factors in 40 CFR 131.10(g) that exhibit exceptional water quality and are consistent (relating to designation of uses) the Department is basing with antidegradation requirements established by the its decision that the CWF use is not attainable for the Federal Clean Water Act and The Clean Streams Law (35 lower portion of the Clarion River. Subsequent discus- P. S. §§ 691.1—691.901). All surface waters in this Com- sions have satisfied the EPA that the Department’s monwealth are afforded a minimum level of protection position is sufficiently supported by statements provided through compliance with the water quality standards, in the stream redesignation evaluation report which are which prevent pollution and protect existing water uses. based on § 93.4(b), which is also equivalent to 40 CFR 131.10(g). The redesignations will be implemented through the Department’s permit and approval actions. For example, Upper Gwynedd Township (petitioner) commented that the National Pollutant Discharge Elimination System there is no justification to maintain the Trout-Stocking (NPDES) permitting program bases effluent limitations (TSF) designation in the head-waters of the Wissahickon on the use designation of the stream. These permit Creek where trout do not exist. The Department main- conditions are established to assure water quality criteria tains that although the head-waters of the Wissahickon are achieved and designated and existing uses are pro- Creek are currently impaired, the designated use (TSF, tected. New and expanded dischargers with water quality MF) can be attained through water quality improve- based effluent limitations are required to provide effluent ments. treatment according to the water quality criteria associ- F. Summary of Changes to the Proposed Rulemaking ated with existing uses and revised designated water uses. No changes were made to the redesignations recom- mended in the proposed rulemaking. 4. Paperwork Requirements. The regulatory revisions should have no direct paperwork impact on the Common- G. Benefits, Costs and Compliance wealth, local governments and political subdivisions, or 1. Benefits. Overall, the Commonwealth, its citizens the private sector. These regulatory revisions are based and natural resources will benefit from these changes on existing Department regulations and simply mirror because they provide the appropriate level of protection to the existing use protection that is already in place for preserve the integrity of existing and designated uses of these streams. There may be some indirect paperwork surface waters in this Commonwealth. Protecting water requirements for new or expanding dischargers to quality provides economic value to present and future streams upgraded to HQ or EV. For example, NPDES generations in the form of clean water for drinking, general permits are not currently available for new or recreational opportunities and aquatic life protection. It is expanded discharges to these streams. Thus an individual important to realize these benefits to ensure opportunity permit, and its associated paperwork, would be required. and development continue in a manner that is environ- Additionally, paperwork associated with demonstrating mentally, socially and economically sound. Maintenance of social and economic justification may be required for new water quality ensures its future availability for all uses. or expanded discharges to certain HQ Waters, and consid- eration of nondischarge alternatives is required for all 2. Compliance Costs. The amendments to Chapter 93 new or expanded discharges to EV and HQ Waters. may impose additional compliance costs on the regulated community. These regulatory changes are necessary to H. Pollution Prevention improve total pollution control. The expenditures neces- sary to meet new compliance requirements may exceed The water quality standards and antidegradation pro- that which is required under existing regulations. gram are major pollution prevention tools because the objective is to prevent degradation by maintaining and Persons conducting or proposing activities or projects protecting existing water quality and existing uses. Al- must comply with the regulatory requirements relating to though the antidegradation program does not prohibit designated and existing uses. Persons expanding a dis- new or expanded wastewater discharges, nondischarge charge or adding a new discharge point to a stream could alternatives are encouraged, and required when environ- be adversely affected if they need to provide a higher mentally sound and cost effective. Nondischarge alterna-

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4366 RULES AND REGULATIONS tives, when implemented, remove impacts to surface (4) These final-form regulations are necessary and ap- water and reduce the overall level of pollution to the propriate for administration and enforcement of the au- environment by remediation of the effluent through the thorizing acts identified in Section C of this Order. soil. (5) These final-form regulations do not contain stan- I. Sunset Review dards or requirements that exceed requirements of the companion Federal regulations. These amendments will be reviewed in accordance with the sunset review schedule published by the Department L. Order to determine whether the regulations effectively fulfill the The Board, acting under the authorizing statutes, goals for which they were intended. orders that: J. Regulatory Review (a) The regulations of the Department, 25 Pa. Code Chapter 93, are amended by amending §§ 93.9b, 93.9f, Under section 5(a) of the Regulatory Review Act (71 93.9g, 93.9n, 93.9o and 93.9r to read as set forth in Annex P. S. § 745.5(a)), on April 27, 2007, the Department A, with ellipses referring to the existing text of the submitted a copy of the proposed rulemaking published at regulations. 37 Pa.B. 2190, to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the (b) The Chairperson of the Board shall submit this Senate and House Environmental Resources and Energy order and Annex A to the Office of General Counsel and Committees (Committees) for review and comment. the Office of Attorney General for approval and review as to legality and form, as required by law. Under section 5(c) of the Regulatory Review Act, the Department provided IRRC and the Committees with (c) The Chairperson shall submit this order and Annex copies of the comments received, as well as other docu- A to IRRC and the Committees, as required by the mentation. The Department has considered all public Regulatory Review Act. comments in preparing these final-form regulations. No (d) The Chairperson shall certify this order and Annex comments were received on the proposed rulemaking from A and deposit them with the Legislative Reference Bu- IRRC or the Committees. reau, as required by law. Under section 5.1(j.2) of the Regulatory Review Act (71 (e) This order shall take effect immediately upon publi- P. S. § 745.5a(j.2)), on June 18, 2008, these final-form cation in the Pennsylvania Bulletin. regulations were deemed approved by the House and JOSEPH R. POWERS, Senate Committees. Under section 5(g) of the Regulatory Acting Chairperson Review Act, the final-form rulemaking was deemed ap- proved by IRRC, effective on June 18, 2008. (Editor’s Note: For the text of the order of the Indepen- dent Regulatory Review Commission relating to this K. Findings document, see 38 Pa.B. 3726 (July 5, 2008).) The Board finds that: Fiscal Note: Fiscal Note 7-410 remains valid for the final adoption of the subject regulations. (1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 Annex A (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and TITLE 25. ENVIRONMENTAL PROTECTION regulations promulgated thereunder, 1 Pa. Code §§ 7.1 PART I. DEPARTMENT OF ENVIRONMENTAL and 7.2. PROTECTION (2) A public comment period was provided as required Subpart C. PROTECTION OF NATURAL by law, and all comments were considered. RESOURCES (3) These final-form regulations do not enlarge the ARTICLE II. WATER RESOURCES purpose of the proposal published at 37 Pa.B. 2190. CHAPTER 93. WATER QUALITY STANDARDS

§ 93.9b. Drainage List B. Delaware River Basin in Pennsylvania Lackawaxen River Water Uses Exceptions to Stream Zone County Protected Specific Criteria ***** 4—Van Auken Creek Basin Wayne HQ-TSF, MF None 3—Dyberry Creek Basin, Source to Big Brook Wayne HQ-CWF, MF None 4—Big Brook Basin Wayne EV, MF None 3—Dyberry Creek Basin, Big Brook to Wayne HQ-CWF, MF None Confluence with West Branch Lackawaxen River

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Water Uses Exceptions to Stream Zone County Protected Specific Criteria 2—Lackawaxen River Main Stem, Confluence of Wayne HQ-TSF, MF None West Branch Lackawaxen River and Dyberry Creek to Mouth *****

§ 93.9f. Drainage List F.

Delaware River Basin in Pennsylvania

Schuylkill River Water Uses Exceptions to Stream Zone County Protected Specific Criteria ***** 4—Owl Creek Basin Lebanon WWF None 4—Mill Creek (Stream Basin Berks CWF None Code 01936 at RM** 20.30) 3—Tulpehocken Creek Blue Marsh Reservoir Berks WWF None ***** 3—Gulley Run Basin Montgomery WWF None 3—Wissahickon Creek Basin Philadelphia TSF, MF None § 93.9g. Drainage List G. Delaware River Basin in Pennsylvania Delaware River Water Uses Exceptions to Stream Zone County Protected Specific Criteria ***** 5—Unnamed Tributaries to Basins, in East Brandywine Chester HQ-TSF, MF None East Branch Brandywine and Uwchlan Townships Creek 5—Beaver Creek Basin Chester CWF, MF None 5—Valley Creek Basin, Source to Broad Run Chester CWF, MF None *****

§ 93.9n. Drainage List N. Susquehanna River Basin in Pennsylvania Juniata River Water Uses Exceptions to Stream Zone County Protected Specific Criteria ***** 5—Georges Creek Basin Bedford WWF None 5—Stone Creek Basin, Source to Confluence Bedford WWF None with UNT 14908 at RM 0.34 6—Unnamed Tributary Basin Bedford CWF None (UNT) 14908 to Stone Creek 5—Stone Creek Basin, UNT 14908 to Mouth Bedford CWF None 5—Bobs Creek Basin, Source to Deep Hollow Bedford HQ-CWF None Run *****

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§ 93.9o. Drainage List O. Susquehanna River Basin in Pennsylvania Susquehanna River Water Uses Exceptions to Stream Zone County Protected Specific Criteria ***** 4—Middle Creek Basin, Elders Run to Furnace Lancaster TSF None Run 5—Furnace Run Basin, source to SR 1026 Lancaster HQ-CWF None 5—Furnace Run Basin, SR 1026 to Segloch Lancaster TSF None Run 6—Segloch Run Basin Lancaster EV None 5—Furnace Run Basin, Segloch Run to Mouth Lancaster TSF None 4—Middle Creek Basin, Furnace Run to Mouth Lancaster WWF None *****

§ 93.9r. Drainage List R. Ohio River Basin in Pennsylvania Clarion River Water Uses Exceptions to Stream Zone County Protected Specific Criteria ***** 5—Silver Creek Basin Elk HQ-CWF None 3—Clarion River Main Stem, Confluence of Clarion CWF None East and West Branches to Inlet of Piney Lake at RM 37.4 4—Unnamed Tributaries to Basins, Confluence of East Elk-Forest- CWF None Clarion River and West Branches to Inlet of Jefferson-Clarion Piney Lake at RM 37.4 4—Johnson Run Basin Elk CWF None ***** 4—Blyson Run Basin Clarion EV None 3—Clarion River Main Stem, Inlet of Piney Clarion WWF None Lake at RM 37.4 to Mouth 4—Unnamed Tributaries to Basins, Inlet of Piney Lake Clarion CWF None Clarion River at RM 37.4 to Mouth 4—Mill Creek Main Stem, Source to Little Clarion HQ-CWF None Mill Creek *****

[Pa.B. Doc. No. 08-1457. Filed for public inspection August 8, 2008, 9:00 a.m.]

ENVIRONMENTAL QUALITY BOARD This order was adopted by the Board at its meeting of April 15, 2008. [ 25 PA. CODE CHS. 209 AND 209a ] A. Effective Date Coal Mines These amendments will go into effect upon publication in the Pennsylvania Bulletin as final-form rulemaking. The Environmental Quality Board (Board) by this order rescinds Chapter 209 (relating to coal mines) and adds B. Contact Persons Chapter 209a (relating to surface mining). This final-form For further information, contact Joseph G. Pizarchik, rulemaking revokes existing, antiquated anthracite and Director, Bureau of Mining and Reclamation, P. O. Box bituminous safety regulations and replaces them with 8461, Rachel Carson State Office Building, Harrisburg, selected Federal safety regulations that are adopted by PA 17105-8461, (717) 787-5103; or Marc Roda, Assistant reference. In addition, selected Federal safety regulations Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, for industrial mineral mines are also adopted by refer- Rachel Carson State Office Building, Harrisburg, PA ence. 17105-8464, (717) 787-7060. Persons with a disability

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 RULES AND REGULATIONS 4369 may use the AT&T Relay Service, (800) 654-5984 (TDD the Department’s safety standards are modernized and users) or (800) 654-5988 (voice users). This final-form additional costs on operators are minimized. Finally, by rulemaking is available on the Department of Environ- eliminating inconsistencies between the Department’s mental Protection’s (Department) web site at www. standards and the MSHA standards, the possibility for depweb.state.pa.us. confusion in the field is minimized. C. Statutory Authority These amendments achieve the Department’s goal of The final-form rulemaking is adopted under the author- providing superior safety at surface mines in this Com- ity of: monwealth, in the most cost effective and the least intrusive manner possible. The provisions of the MSHA 1. Section 4.2 of the Surface Mining Conservation and regulations adopted by this final-form rulemaking are: Reclamation Act (SMCRA) (52 P. S. § 1396.4b) and sec- those that address the most significant risk to surface tion 11(a) of the Noncoal Surface Mining Conservation miners in this Commonwealth, provisions that the De- and Reclamation Act (NSMCRA) (52 P. S. § 3311(a)), partment inspection staff have sufficient expertise to which authorize the Department to promulgate regula- implement and provisions that apply to areas where the tions for the health and safety of those persons engaged Department staff would normally go during the environ- in surface mining and for the protection of the general mental and safety inspections they currently conduct. The public. Board did not adopt the MSHA regulations that would 2. Section 2(f) of the General Safety Law (43 P. S. require the Department inspection staff to obtain and be § 25-2(f)), which requires, among other things, operators trained in the use of specialized equipment or would of surface industrial mineral mines to adopt measures to require Department inspectors to expand their routine protect persons working therein. inspection area. In addition, the Board did not adopt the MSHA regulations which contain standards that are 3. Sections 1917-A and 1920-A of The Administrative addressed by existing Department regulations. This ap- Code of 1929 (71 P. S. §§ 510-17 and 510-20), which proach allows for improvements in overall safety without authorize the Board to adopt regulations to prevent the increased costs. occurrence of a nuisance and to promulgate rules and regulations necessary for the proper work of the Depart- The Department will work closely with MSHA and ment. provide training to its inspectors to further minimize D. Background and Purpose differences in the interpretation of all of MSHA’s regula- tions. Additionally, all Pennsylvania Surface Mine Inspec- The Department’s surface mine safety program is tors have routine MSHA safety training. Some of Pennsyl- implemented by surface mining conservation inspectors. vania’s Surface Mine Inspectors are ‘‘MSHA certified’’ As part of the environmental inspection, the inspector safety instructors. also identifies unsafe conditions and works with the operator to correct those conditions before an accident The provisions of these regulations that are more occurs. The inspector’s ability to identify and correct stringent than the MSHA regulations are related to auger unsafe conditions is hampered by the inadequacy and mining. MSHA regulations apply Nationally and are limited scope of the surface mining safety regulations in necessarily broad. To reflect conditions in this Common- Chapter 209. Chapter 209, Subchapter A (relating to wealth’s coal mines, these regulations require additional general safety in bituminous coal strip mines) is anti- benching of highwalls at mines where augering occurs. quated and differs from safety requirements established These auger mining provisions are more specific than the by the United States Department of Labor, Mine Safety MSHA requirements. and Health Administration (MSHA). This difference in The Department’s accident reporting requirements are standards is a source of confusion and jeopardizes safety less stringent than those of MSHA. During accident at bituminous surface mines. The effectiveness of the investigations, the Department will defer to MSHA’s lead Department’s safety program at anthracite surface mines and provide assistance. Since the Department’s role in is compromised because the existing regulations are these investigations, is secondary to MSHA’s, this regula- limited to blasting. There are no Pennsylvania safety tion requires reporting of accidents to the Department in regulations for anthracite surface mines. Furthermore, 1 hour. MSHA requires reporting of accidents within 15 the Chapter 209, Subchapter B (relating to explosives in minutes. Additionally, the Board has not adopted provi- anthracite coal strip mines) anthracite surface coal mine sions of the MSHA regulations directly related to inci- blasting regulations are not only out-of-date, but are dents that cause occupational illnesses or injuries and unneeded. The storage, handling and use of explosives at will not require reporting of these incidents. The only anthracite surface mines are addressed by Chapters 88 incidents the Department requires to be reported are and 211 (relating to anthracite coal; and storage, han- those defined in the regulations as accidents. dling and use of explosives). Finally, Department safety efforts for surface industrial mineral mines are hampered On many surface mine sites, the Department conducts because there are no Pennsylvania safety standards for inspections more frequently than MSHA. Effective safety these mines. programs rely on the principle of prevention. Constant reminders of hazards helps prevent complacency that can This final-form rulemaking addresses the Rendell Ad- lead to accidents. With these final-form regulations in ministration’s initiative to develop a ‘‘world class mine place, the higher awareness provided by the Department’s safety program.’’ To implement this initiative, Chapter inspectors will help prevent accidents and result in a 209 is rescinded and replaced with new standards for coal safer work environment at surface mines in this Com- and industrial mineral surface mines. For the most part, monwealth. this final-form rulemaking adopts by reference MSHA safety standards contained in 30 CFR Parts 56 and 77 At a meeting on January 25, 2007, the Mining and (relating to safety and health standards—surface metal Reclamation Advisory Board (MRAB) considered the pro- and nonmetal mines; and mandatory safety standards, posed rulemaking as it applied to surface coal mining. surface coal mines and surface work areas of under- The MRAB unanimously recommended that the Board ground coal mines). By adopting the MSHA standards, move forward with the proposed rulemaking. On January

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10, 2008, the MRAB recommended that the Department tive standard to the Department. This change was in proceed with the final-form rulemaking with the changes response to a comment described as follows. specified as follows. F. Summary of Comments and Responses on the Proposed E. Summary of Changes Made in the Final-Form Rule- Rulemaking making Selection of Sections Adopted by Reference § 209a.10(b) (relating to auger mining) A commentator asked how the Board determined which Throughout the regulation, ‘‘Department’’ has been used selected sections of 30 CFR Parts 56 and 77 (relating to instead of ‘‘Department of Environmental Protection.’’ For safety and health starndards—surface metal and non- consistency, ‘‘Department of Environmental Protection’’ metal; and mandatory safety standards, surface coal found in § 209a.10(b) has been changed to ‘‘Department.’’ mines and surface work areas of underground coal mines) This change was made in response to a comment de- to adopt, and therefore enforce. scribed as follows. The Board chose to adopt the portions of 30 CFR 56 § 209a.42(a) (relating to accident reporting) and 77 that focus on: the activities in which the most The definition of ‘‘accident’’ has been modified to specify serious accidents occurred, provisions that the Depart- what constitutes an accident under this regulation. The ment inspection staff have sufficient expertise to regulate accident reporting section of the proposed regulation is and provisions applying to areas where the Department not an MSHA regulation reference, but uses MSHA staff normally goes during the environmental and safety regulations as a guideline. The definition of ‘‘accident’’ in inspections they currently conduct. The Federal provi- the final-form rulemaking is a subset of what constitutes sions which require expertise beyond that of the Depart- an accident for MSHA. The MSHA accident reporting ment’s inspection staff were not adopted. Also not adopted regulations apply to surface and underground mining. For were provisions that would require the Department in- the purposes of these surface mining regulations, MSHA’s spection staff to obtain and be trained in the use of definition of an accident is overly broad because it specialized equipment, or which would require the inspec- includes events that occur on the surface and under- tors to expand their routine inspection areas. Finally, the ground. In response to a comment described as follows, Board did not adopt Federal provisions that are already the definition of ‘‘accident’’ has been modified. The defini- addressed by other Department regulations. tion of ‘‘accident’’ is now limited to incidents that occur on Compliance Assistance surface mines that cause death or serious injuries, or have a reasonable potential to do so. In addition, the A commentator pointed out that while there is merit in definition of accident now includes rock bursts. a compliance assistance program to improve safety, the details of a Department inspector’s actions were not § 209a.42(b) clearly explained in the preamble of the proposed rule- The provisions of the proposed regulation requiring the making. The commentator questioned how a Department Department be contacted within an hour of an accident inspector is qualified to determine how MSHA would are amended to specify how to contact the Department. interpret its Federal regulations where the Board left sole Specifically, the final-form rulemaking directs the opera- jurisdiction to MSHA. Additionally, the commentator tor of a mine where an accident occurs to contact the asked what expectations will be placed on an operator district mining office having jurisdiction over the mine. offered compliance assistance, what recourse an operator Additionally, the final rulemaking provides that if contact has if the operator disagrees with the Department’s cannot be made with the district mining office, the interpretation, or what if MSHA’s interpretation of the operator shall contact the Department’s 24 hour emer- regulation differs from the Department’s. gency telephone number. These changes were made to All of this Commonwealth’s surface mine inspectors enhance consistency and clarity. have routine MSHA safety training, and some surface § 209a.42(c) mine inspectors are ‘‘MSHA certified’’ safety instructors. The Department has the statutory authority, and obliga- The provisions of the proposed regulation which require tion, to improve the safety and safety awareness on mine that MSHA accident reporting forms be submitted to the sites. For example, when an inspector has the expertise to Department have been revised. Specifically, the final-form clearly identify noncompliance with an MSHA regulation, rulemaking directs the operator of a mine where an he may provide assistance for mine operators in comply- accident occurs to mail to the Department’s district ing with the MSHA regulations that the Department has mining office having jurisdiction over the mine all forms not adopted. If a Commonwealth inspector is aware of a submitted to MSHA regarding the accident. The final- violation of an MSHA safety regulation that the Common- form rulemaking has been amended to eliminate the wealth has not adopted, the inspector will point out the reference to a specific MSHA form. Additionally, it sets a condition and explain to the permittee that it may be a time of 10 days in which the forms must be submitted to violation of an MSHA regulation. Compliance assistance the Department. These changes were made for consis- will be used in identifying potential MSHA compliance tency and clarity. issues and letting the permittee take action at its discre- § 209a.43 (relating to alternative standards) tion. The proposed rulemaking has been amended to add a Auger Mining subsection addressing pending mine-specific variance re- A commentator recommended that for consistency with quests. This new subsection provides that the Depart- the rest of this regulation, § 209a.10(b) should use the ment, for petitions for mine-specific alternative standard term ‘‘Department,’’ as it is defined in 25 Pa. Code § 1.1 requests that are pending with MSHA upon the effective instead of Department of Environmental Protection. date of this rulemaking, will adopt that modified mine- specific safety and health standard upon the operator’s This change has been made to the final-form regula- submission of a copy of MSHA’s approval of the alterna- tion.

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Accident Reporting I. Sunset Review Commentators stated that the requirement to report all The regulations will be reviewed in accordance with the accidents, including minor accidents and occupational sunset review schedule published by the Department to injuries, within 1 hour of their occurrence would be overly determine whether the regulations effectively fulfill the burdensome to the mining industry as well as the goals for which they were intended. Department. J. Regulatory Review The regulations have been amended to require that only accidents that result in death or serious injury, or Under section 5(a) of the Regulatory Review Act (71 have the potential to cause death or serious injury, be P. S. § 745.5(a)), on August 16, 2007, the Department reported to the Department within 1 hour. submitted a copy of the notice of proposed rulemaking, published at 37 Pa.B. 4754 (September 1, 2007), to the Alternative Standards Independent Regulatory Review Commission (IRRC) and A commentator stated that alternative standards for the Chairpersons of the House and Senate Environmental past and future decisions by MSHA are allowed, but Resources and Energy Committees (Committees)for re- pending filings with MSHA are not addressed. view and comment. The Board has amended this final-form regulation to Under section 5(c) of the Regulatory Review Act, IRRC provide for adoption of a mine-specific alternative stan- and the Committees were provided with copies of the dard that is pending with MSHA and approved after the comments received during the public comment period, as effective date of this final-form rulemaking. To obtain the well as other documents when requested. In preparing Department’s approval, the mine operator must submit a these final-form regulations, the Department has consid- copy of the MSHA approval of the mine-specific alternate ered all comments from IRRC, the Committees and the standard to the Department. public. Access to Documents Under section 5.1(j.2) of the Regulatory Review Act, on June 18, 2008, these final-form regulations were deemed Commentators expressed that the Department should approved by the House and Senate Committees. Under only have access to the records prepared to comply with section 5.1(e) of the Regulatory Review Act, IRRC met on the Federal regulations adopted by reference and not June 19, 2008, and approved the final-form regulations. have access to all records required by MSHA. K. Findings of the Board Limiting the Department’s access to records that MSHA requires operators to keep may hinder the Depart- The Board finds that: ment’s ability to thoroughly investigate accidents. It is (1) Public notice of proposed rulemaking was given reasonable to require access to any documents relating to under sections 201 and 202 of the act of July 31, 1968 mine safety to ensure that thorough investigations are (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and conducted to determine the causes of accidents. regulations promulgated thereunder at 1 Pa. Code §§ 7.1 G. Benefits, Costs and Compliance and 7.2. Compliance Costs (2) A public comment period was provided as required by law, and all comments were considered. This final-form rulemaking will not impose additional compliance costs on the regulated community. Surface (3) These regulations do not enlarge the purpose of the mines in this Commonwealth must already comply with proposal published at 37 Pa.B. 4754. these Federal safety regulations. In fact, the implementa- (4) These regulations are necessary and appropriate for tion of this rulemaking should result in cost savings in administration and enforcement of the authorizing acts that accidents will be prevented. There are no additional identified in Section C of this order. costs expected to be incurred by the Commonwealth. L. Order of the Board Compliance Assistance Plan The Board, acting under the authorizing statutes, The Department’s inspectors will be available to ex- orders that: plain the new regulations to each job foreman. (a) The regulations of the Department are amended by Paperwork Requirements deleting §§ 209.1—209.3, 209.11—209.13, 209.21—209.27, This final-form rulemaking establishes two paperwork 209.31—209.35, 209.41—209.47, 209.51—209.65, 209.71— requirements. First, there is a requirement to submit to 209.77, 209.81—209.87, 209.91—209.93, 209.101— the Department copies of the application request to, and 209.103, 209.111—209.115, 209.121, 209.122, 209.141— MSHA’s subsequent approval of, a modification of a 209.145, 209.151—209.154, 209.161—209.172, 209.181— health and safety standard that has been incorporated by 209.187, 209.191—209.193 and 209.201—209.203; and by reference into this final-form rulemaking. Second, there is adding §§ 209a.1—209a.13, 209.21a—209a.33, 209a.41 the requirement to submit to the Department the same and 209a.44 to read as set forth in 37 Pa.B. 4754; and by accident reports submitted to MSHA. The only cost to the adding §§ 209a.42 and 209a.43 to read as set forth in operator is the cost of copying and mailing these docu- Annex A. ments to the Department. (b) The Chairperson of the Board shall submit this H. Pollution Prevention order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as The final-form rulemaking will not modify the pollution to legality and form, as required by law. prevention approach by the regulated community and maintains the multimedia pollution prevention approach (c) The Chairperson of the Board shall submit this of existing requirements in 25 Pa. Code (relating to order and Annex A to IRRC and the Committees as environmental protection). required by the Regulatory Review Act.

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(d) The Chairperson of the Board shall certify this (10) An event at a mine which causes death or bodily order and Annex A and deposit them with the Legislative injury to an individual not at the mine at the time the Reference Bureau, as required by law. event occurs. (e) This order shall take effect immediately. (b) If an accident occurs, an operator shall contact the JOSEPH R. POWERS Department’s district mining office with jurisdiction for Acting Chairperson the mine within 1 hour of discovery of the accident. If an operator cannot make contact with the appropriate dis- (Editor’s Note: For the text of the order of the Indepen- trict mining office, it shall contact the Department’s24 dent Regulatory Review Commission relating to this hour emergency number within 1 hour of the accident. document, see 38 Pa.B. 3726 (July 5, 2008).) (c) The operator of a mine at which an accident occurs Fiscal Note: Fiscal Note 7-414 remains valid for the shall mail copies of the completed MSHA accident report- final adoption of the subject regulations. ing forms to the Department’s district mining office with Annex A jurisdiction for the mine. These copies are in addition to TITLE 25. ENVIRONMENTAL PROTECTION accident reporting forms sent to MSHA and shall be mailed to the Department within 10 working days after PART I. DEPARTMENT OF ENVIRONMENTAL the accident occurs. PROTECTION § 209a.43. Alternative standards. Subpart D. ENVIRONMENTAL HEALTH AND SAFETY (a) If, as of August 9, 2008, the United States Depart- ment of Labor, Mine Safety and Health Administration ARTICLE IV. OCCUPATIONAL HEALTH AND (MSHA) has adopted a mine specific modification of a SAFETY safety and health standard incorporated by reference in CHAPTER 209a. SURFACE MINING this chapter for a mine in this Commonwealth, that mine specific modified safety and health standard will be Subchapter C. MISCELLANEOUS PROVISIONS adopted by the Department if the operator submits to the § 209a.42. Accident reporting. Department’s district mining office with jurisdiction for (a) Unless the context clearly indicates otherwise, as the mine a copy of MSHA’s adoption of the modification. used in this subchapter, an accident is an incident that (b) If, as of August 9, 2008, an operator has submitted results in one or more of the following: to MSHA, but MSHA has not yet adopted, a petition for a (1) A death of an individual at a mine. mine specific modification of a safety and health standard incorporated by reference in this chapter for a mine in (2) Serious bodily injury to an individual at a mine or this Commonwealth, that mine specific modified safety an injury to an individual at a mine which has a and health standard will be adopted by the Department if reasonable potential to cause death. the operator submits to the Department’s district mining (3) An entrapment of an individual for more than 30 office with jurisdiction for the mine a copy of MSHA’s minutes or which has a reasonable potential to cause approval of the modification. death. (c) If, after August 9, 2008, an operator submits a (4) An unplanned inundation of a mine by a liquid or petition for a mine specific modification of a safety and gas. health standard incorporated by reference in this chapter for a mine located in this Commonwealth, that mine (5) An unplanned ignition or explosion of gas or dust. specific modified safety and health standard will be (6) An unplanned mine fire not extinguished within 30 adopted by the Department upon MSHA’s adoption of the minutes of discovery. modification if the operator: (7) An unplanned ignition or explosion of a blasting (1) Provides the Department’s district mining office agent or an explosive. with jurisdiction for the mine with a copy of the petition (8) A failure of an impoundment, refuse pile or culm and a copy of all supporting materials submitted to bank; or an unstable condition at an impoundment, refuse MSHA, upon submission to MSHA. pile or culm bank which requires emergency action to (2) Submits to the Department’s district mining office prevent failure, or which causes individuals to evacuate with jurisdiction for the mine a copy of MSHA’s approval an area. of the modification. (9) A coal or rock outburst that causes withdrawal of [Pa.B. Doc. No. 08-1458. Filed for public inspection August 8, 2008, 9:00 a.m.] miners or which disrupts regular mining activity for more than 1 hour.

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4373 PROPOSED RULEMAKING The new water audit methodology provides a rational DELAWARE RIVER approach that will facilitate more consistent tracking and reporting than the existing approach allows. It will help BASIN COMMISSION water managers and regulators, including the Commis- sion, state agencies, and utility managers, target their [ 25 PA. CODE CH. 901 ] efforts to improve water supply efficiency, thereby reduc- Proposed Amendments to the Water Code and ing water withdrawals. Improving water accountability Comprehensive Plan to Implement a Revised will contribute to achieving objective 1.3.C of the Water Water Audit Approach to Identify and Control Resources Plan for the Delaware River Basin, which calls for ensuring maximum feasible efficiency of water use Water Loss across all sectors. The Commission’s Water Management Advisory Com- Summary mittee (WMAC), which has taken primary responsibility The Delaware River Basin Commission (Commission) for reviewing the proposed audit methodology and devel- will hold a public hearing to receive comments on pro- oping these amendments, is composed of representatives posed amendments to the Commission’s Water Code and from a wide range of public and private sector organiza- Comprehensive Plan to phase in a requirement for water tions. WMAC membership includes: Ferdows Ali, Envi- purveyors to follow a revised water audit approach for ronmental Scientist with the New Jersey Department of identifying and controlling water loss. Agriculture; Janet L. Bowers, Executive Director of the Chester County Water Resources Authority; Gerald Dates Esposito, President of Tidewater Utilities; David Froehlich, of the Wissahickon Valley Watershed Associa- The Commission will hold an informational meeting on tion; David Jostenski, Chief of the Water Use Assessment Wednesday, September 10, 2008, from 4 p.m. to 6 p.m. at Section of the Pennsylvania Department of Environmen- the Commission’s office building, located at 25 State tal Protection; Mark Hartle, of the Pennsylvania Fish and Police Drive, West Trenton, NJ. Driving directions are Boat Commission, Division of Environmental Services; available on the Commission’s web site at www.drbc.net. Stewart Lovell, Supervisor of Water Allocations of the Do not rely on Internet mapping services as they may not Delaware DNREC; John Mello, of Region II of the United provide accurate directions to the Commission. States Environmental Protection Agency; Bruno M. The public hearing will be held on Thursday, September Mercuri, of Mercuri and Associates, Inc.; Dr. Joseph A. 25, 2008, at the Commission’s office building, located at Miri, of the New Jersey Department of Environmental 25 State Police Drive, West Trenton, NJ. The hearing will Protection, Water Supply Element; Robert Molzahn, of begin at 1:30 p.m. and will continue until all those who the Water Resources Association of the Delaware River wish to testify are afforded an opportunity to do so. Basin; Howard Neukrug, of the Philadelphia Water De- Persons wishing to testify at the hearing are asked to partment; Mary Ellen Noble, of the Delaware Riverkeeper register in advance by phoning Paula Schmitt at (609) Network; Senobar Safafar, of the New York City Depart- 883-9500, Ext. 224. ment of Environmental Protection, Strategic Services Division, Bureau of Water Supply; Tom Simms, Director Written comments will be accepted and must be re- of the Institute of Soil and Environmental Quality of the ceived by 5 p.m. on Friday, October 3, 2008. Written University of Delaware DGS Annex; Ronald A. Sloto, of comments may be submitted as follows: if by email, to the United States Geological Survey, Water Resources [email protected]; if by fax, to Commission Division; Edith Stevens, of the League of Women Voters; Secretary at (609) 883-9522; if by U.S. Mail, to Commis- and Glen Stevens, of the United States Army Corps of sion Secretary, Delaware River Basin Commission, P. O. Engineers. Box 7360, West Trenton, NJ 08628-0360; or if by over- night mail, to Commission Secretary, Delaware River On May 25, 2004, the WMAC established a subcommit- Basin Commission, 25 State Police Drive, West Trenton, tee to investigate the issue of water loss and water NJ 08628-0360. In all cases, include the commentator’s accountability in light of new methods proposed by the name, address and affiliation, if any, in the comment AWWA and the IWA. The subcommittee met on four document and include ‘‘Water Audit’’ in the subject line. occasions to review the Commission’s current policies concerning water loss and water accountability and to Supplementary Information discuss the new methods. The Commission’s current policies are based on the concept of ‘‘unaccounted for An estimated 150 million gallons of treated and pres- water,’’ which is no longer considered best practice. The surized water is physically lost from public water supply new methods are based upon more precise definitions and distribution systems in the Delaware River Basin per day more rational accounting procedures that will result in a and current methods to account for, track and reduce this clearer understanding on the part of utility managers and loss are inadequate. regulators of the causes of water loss. The new methods will thus facilitate targeted improvements that reduce The purpose of the proposed amendments is to phase in system water demands, with region-wide benefits. The a program requiring water purveyors to perform a water Commission staff participated in the development of audit and report their findings in accordance with a new water audit software based on the new accounting meth- audit structure established by the American Water Works ods, in an effort led by the AWWA Water Loss Control Association (AWWA) and the International Water Associa- Committee (WLCC). tion (IWA). These new methods are widely regarded as superior to the existing approach, which entails tracking On March 16, 2005, after listening to a presentation ‘‘unaccounted for water,’’ which is no longer considered outlining the benefits of the new water accountability best practice. methods, the Commissioners asked the Commission staff

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4374 PROPOSED RULEMAKING and the WMAC to develop a position statement and policy Further Information, Contacts recommendations for the Commission and to engage water purveyors in the Basin in a pilot study of the newly Contact Commission Secretary Pamela Bush, (609) developed water audit software to test the software and 883-9500, Ext. 203 with questions about the proposed solicit feedback. rule or the rulemaking process. PAMELA M. BUSH, ESQ., Six water purveyors from the Delaware River Basin Secretary were identified to participate in the nationwide pilot study. The comments and feedback provided to AWWA led Text of Proposed Amendments to improvements in the software. In March 2006, the software was approved by the AWWA WLCC and was It is proposed to amend Comprehensive Plan and posted on the AWWA web site, where it is available at no Article 2 of the Delaware River Basin Water Code as set charge to all users. Links to the software are posted on forth as follows. Deleted text is denoted by strikethrough the water conservation page of the Commission’s web site: and inserted text is denoted by underscore. www.state.nj.us/drbc/policy.htm. § 2.1.2A.1. e An ongoing water auditing program in The WMAC and its subcommittee determined that the accordance with section 2.1.8 IWA/AWWA water audit methodology represents an im- § 2.1.6 A. ....Such a program shall at a minimum provement to the Commission’s current practices and can include: periodic surveys to monitor leakage, lead to multiple benefits for water utilities and other enumerate unaccounted for water, and de- stakeholders. It is anticipated that adoption of the IWA/ termine the current status of system infra- AWWA approach will: structure; recommendations to monitor and • Improve upon the traditional approach for identifying control leakage; and a schedule for the ‘‘unaccounted for water,’’ which lacks standardized termi- implementation of such recommendations. nology and a clearly defined water audit structure. Each purveyor’s program shall be subject to review and approval by the designated • Provide a rational water audit structure to help agency in the state where the system is identify water losses and improve water supply system located. efficiency. ‘‘Unaccounted-for water’’ is defined as the • Provide meaningful performance indicators to help difference between the ‘‘metered ratio’’ and identify systems with the greatest losses. These indicators 100 percent. The metered ratio is the allow water utility managers to make reliable compari- amount of water delivered through service sons of performance and to identify best practices to meters divided by the amount of water enter- control water loss in an economical way. ing the distribution system. • Identify ways to improve water supply efficiency and The designated state agencies are: Delaware thereby reduce water withdrawals that have no beneficial Department of Natural Resources and Envi- end use. ronmental Control; New Jersey Department • of Environmental Protection; New York De- Help to target efforts to reduce the estimated 150 partment of Health and Pennsylvania De- million gallons per day that is physically lost from public partment of Environmental Protection. water supply distribution systems in the Basin. • B. Each purveyor shall strive to minimize sys- Enhance utility revenues by enabling utility manag- tem leakage to levels as guided by IWA/ ers to recover the significant revenue that is otherwise AWWA Water Audit Methodology (AWWA lost due to apparent losses such as theft of service, Water Loss Control Committee (WLCC) Wa- unbilled connections, meter discrepancies and data errors. ter Audit Software) and corresponding • Help utility managers and regulators identify real AWWA guidance. Each purveyor that distrib- losses (such as leakage) that waste treated and pressur- utes in excess of one million gallons per day ized water and increase operating costs. Significant real (mgd) shall submit its initial program to losses indicate opportunities for improved asset manage- monitor and control leakage to the appropri- ment that can reduce the vulnerability of utilities to ate designated agency within two years and disruptive water main breaks, other service disruptions each purveyor that distributes between and water quality upsets. 100,000 gpd and 1 mgd shall submit its initial program to monitor and control leak- Because the water audit approach is relatively new in a age to the appropriate designated agency regulatory context, the proposed amendments call for within five years of the effective date of this phased implementation. Until 2011, the Commission will regulation or at such earlier date as shall be promote the voluntary use of the IWA/AWWA water audit fixed by the designated state agency. Each program. During this period, information will be gathered purveyor shall prepare and submit a revised from within the Basin and Nationwide to assist in the and updated program to monitor and control establishment of performance indicators for water loss, leakage every three years thereafter or at which ultimately will replace the ‘‘unaccounted for water’’ such earlier date as shall be required by the targets. If approved, the proposed amendments will re- designated state agency. The designated quire water purveyors to perform an annual water audit state agency may require more frequent conforming to the IWA/AWWA methodology, beginning program submission from purveyors with with calendar year 2012. unaccounted-for water that is in excess of 15 percent. The proposed amendments also require changes in the way data pertaining to water loss is collected by the state C. Any project approvals hereafter granted pur- agencies and shared with the Commission. suant.....

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§ 2.1.8 Water Auditing (Resolution No. 2007-xx). Part 410 [ (2007) ] (2008) are hereby incorporated by reference and made a part of this title. A. It shall be the policy of the commission to encourage owners of water supply systems [Pa.B. Doc. No. 08-1459. Filed for public inspection August 8, 2008, 9:00 a.m.] serving the public to implement a standard- ized water audit methodology to ensure ac- countability in the management of water resources. B. For the period beginning [EFFECTIVE DEPARTMENT OF DATE] and ending December 31, 2011, own- ers of water supply systems serving the public, with sources or service area located TRANSPORTATION in the Delaware River Basin, are encouraged [ 67 PA. CODE CHS. 471, 473, 477 AND 479 ] to implement an annual calendar year water audit program conforming to IWA/AWWA Air Transportation Water Audit Methodology (AWWA Water Loss Control Committee (WLCC) Water Au- The Department of Transportation (Department), under dit Software) and corresponding AWWA guid- the authority contained in 74 Pa.C.S. Chapters 51—61 ance. proposes to amend Chapters 471, 473, 477 and 479 as set forth in Annex A. C. Effective January 1, 2012, the owners of each water supply system serving the public, Purpose of Chapters with sources or service area located in the Delaware River Basin, shall implement an These proposed amendments set forth criteria for the annual calendar year water audit program rating and licensing of airports. The purpose of Chapter conforming to IWA/AWWA Water Audit 471 (relating to airport rating and licensing) is to set Methodology (AWWA Water Loss Control forth the licensing criteria and requirements for aircraft Committee (WLCC) Water Audit Software) landing facilities; Chapter 473 (relating to aviation devel- and corresponding AWWA guidance. opment grants) sets forth criteria and requirements for the Aviation Development grant program; Chapter 477 D. Effective January 1, 2013, non-revenue wa- (relating to local real estate tax reimbursement grants) ter reported under section 2.50.3.B.1.b.ii. sets forth criteria for the Local Real Estate Tax Reim- shall be computed in accordance with IWA/ bursement grant program; and Chapter 479 (relating to AWWA Water Audit Methodology (AWWA obstruction to aircraft) sets forth criteria and instructions Water Loss Control Committee (WLCC) Wa- for persons who desire to erect, add to or maintain ter Audit Software) and corresponding obstructions to aircraft. AWWA guidance. Purpose of the Proposed Amendments § 2.50.3B.1.b.ii...... - Other metered (Specify) - Non-revenue water, including The purpose of the amendments to Chapter 471 is to unbilled authorized consump- clarify the requirements and provide greater flexibility in tion, apparent losses, and real the licensing of various categories and types of landing losses computed in accordance facilities. This includes the establishment of minimum with section 2.1.8.D standards based on current Federal aviation standards - Unaccounted for (defined as instead of referencing Federal regulations that can be the amount of water entering cumbersome to interpret and apply effectively, especially the distribution system minus at small general aviation airports. In addition, the the amount of water delivered amendments reflect the Department’s goal to provide safe through service meters) ** operating conditions at public use airports while main- - Total..... taining a regulatory environment which encourages air- ports and airport businesses to flourish. Consequently, **Further breakdown of unaccounted for wa- the amendments include a process for dealing with ter can be provided. For example, estimated nonstandard conditions on a case by case basis and fire hydrant use, other unmetered public uses, provide additional criteria for small privately ‘‘family’’ and leakage losses. owned airports instead of ‘‘a one size fits all approach.’’ The amendments provide the flexibility to accommodate Fiscal Note: 68-52. No fiscal impact; (8) recommends various levels of airport operations and advances in adoption. technology that were not envisioned or available at the time the regulations were originally adopted. Annex A These amendments do not relieve an aircraft’s pilot in TITLE 25. ENVIROMENTAL PROTECTION command of the ultimate responsibility for safety of flight PART V. DELAWARE RIVER BASIN COMMISSION operations. As set forth in applicable Federal aviation regulations, the pilot in command has final responsibility CHAPTER 901. GENERAL PROVISIONS to conduct a safe flight, considering his own skills and ability, weather, the dimensions and condition of the § 901.2. Comprehensive Plan and water quality. runway and approaches, and the weight and balance, capabilities and condition of the aircraft being used. For The Comprehensive Plan regulations as set forth in 18 private use airports, the owner or manager should be CFR Part 401, Subpart A [ (2007) ] (2008) and the Water consulted by pilots prior to operating to or from the Code and Water Quality standards as set forth in 18 CFR airport.

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The purpose of the amendments to Chapter 473 is to rately reflect the types, conditions and operational needs allow for increased flexibility for the Department in of the public use heliports. Additional language was also providing a higher State share for granted projects and added to this section to clarify allowable uses of a private allow for a more efficient use of the aviation development heliport. grant funds available. Section 471.7 (relating to licensing criteria and require- The purpose of the amendments to Chapters 477 and ments) 479 is to simplify and better organize these chapters in relation to Chapters 471 and 473. There were no substan- Section 471.7 was amended to clearly indicate that tive changes to these chapters. operation of a public or private airport or heliport is prohibited without first obtaining a license from the These amendments reflect the joint effort of the Depart- Department. This section was also amended to place a ment, Bureau of Aviation, the Aviation Advisory Commit- time limit for reporting unsafe or hazardous conditions tee, the Aviation Council of Pennsylvania and airport that unexpectedly occur at the airport and to clarify officials throughout this Commonwealth. requirements for marking/lighting vehicles operating on Summary of Significant Amendments airport surfaces to ensure they are clearly visible to aircraft. In addition, § 471.7 was amended to clearly Chapter 471 delineate the requirements for Department approval of Section 471.2 (relating to definitions) nonaeronautical uses of the airport and provide a specific time line for the Department to respond to requests. Section 471.2 has been amended to include the follow- Lastly, § 471.7 was amended to specifically describe the ing terms: ‘‘grant,’’ ‘‘occasional/infrequent operations,’’ ‘‘op- Department’s airport inspection process and indicate that eration,’’ ‘‘prepared landing site,’’ ‘‘project,’’ ‘‘primary sur- the Department may take legal action to prevent or face,’’ ‘‘private heliport,’’ ‘‘public heliport,’’ ‘‘Regional restrain any violation or threatened violation of the Project Management Team’’ and the ‘‘Waiver Advisory licensing requirements. Board.’’ A definition of a ‘‘sponsor’’ has been added to include planning agency, public agency owning airports, Section 471.8 (relating to suspension/revocation schedule) public agencies not owning airports and a nonpublic Section 471.8 was amended to remove the suspension/ airport owner. revocation schedule and replace it with provisions that Section 471.3 (relating to airport licensing) allow for suspension or revocation of a license for any potentially hazardous condition. This change is intended Section 471.3 has been amended to clarify the require- to permit the Department to take immediate action as ments and procedures for the application of a waiver of a well as provide for quick resolution of those situations. nonstandard condition at an airport or heliport, to allow for the transfer of a license from one owner to another Section 471.9 (relating to appeal) which includes a Department review of the conditions, Section 471.9 was amended to include detailed instruc- operations and waivers at the time of the transfer and tions for appeal of a decision of the Bureau to ensure that requires the correction of hazardous conditions that have any aggrieved person would clearly understand the time arisen since the issuance of the original license. The line, procedure and cost for filing an appeal. amendment removes the suspension/revocation schedule and defines deficiencies that would necessitate suspension Chapter 473 or revocation of a license. Section 473.2 (relating to definitions) Section 471.4 (relating to licensing fees) Section 473.2 was amended to simply reference the Section 471.4 has been amended to allow the Depart- definitions included in Chapter 471. ment to periodically update the license fee schedule which Section 473.4 (relating to limits of funding) includes the requirement to publish the latest fee sched- ule in the Pennsylvania Bulletin. Section 473.4 was amended to allow the Department to increase the maximum percentage of non-Federal aid Section 471.5 (relating to airport rating—excluding heli- projects to 90%. This increase will allow additional finan- ports) cial assistance to be made available to airport sponsors Section 471.5 has been amended to update and expand for projects that are critical safety or standard improve- the licensing categories for public use airports. The public ments, or both. business, general service and ultralight categories have Section 473.5 (relating to application procedure) been replaced with scheduled service/general aviation, basic utility and sport/ultralight airport categories, re- Section 473.5 was amended to replace the application spectively. These replacement categories were added to procedure with the project selection process and criteria more accurately reflect the types, conditions and opera- that was updated from the previous § 473.8 (relating to tional needs of the public use airports in the State while grant selection process and criteria) grant selection pro- ensuring that the level of public safety is maintained. The cess and criteria. This revision was done to more clearly private airport categories have been revised by eliminat- explain the project selection process and factors used to ing the commercial category and allow commercial opera- develop the aviation development program. tions at private airports provided it meets or exceeds the Section 473.6 (relating to deadlines for preapplications private group category. However, flight instruction to the and applications) general public is subject to Department approval. Addi- tional language was also added to this section to clarify Deadlines for preapplications and applications were allowable uses of a private airport. removed and replaced with §§ 473.5b and 473.6a (relat- Section 471.6 (relating to heliport rating) ing to important dates and notification procedure; and project execution). This was done to more clearly define Section 471.6 has been amended to eliminate unneeded the necessary actions and time lines for submission of licensing categories for both public and private use important project information and requirements and to heliports. These amendments are intended to more accu- allow the Department greater flexibility for establishing

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 PROPOSED RULEMAKING 4377 deadlines for the receipt of project information which will Public Comments allow a more efficient use of the aviation development Interested persons are invited to submit written com- funds available. ments, suggestions or objections regarding the proposed Section 473.8 (relating to grant selection process and amendments to Brian Gearhart, P. E., Director, Bureau of criteria) Aviation, P. O. Box 3457, Harrisburg, PA 17105 within 30 days of the publication of this notice in the Pennsylvania Section 473.8 was rescinded and used to create the Bulletin. revised § 473.5. Contact Person Section 473.9 (relating to offer and acceptance of an aviation development grant) The contact person for technical questions about the proposed amendments to the regulations is Brian Section 473.9 was amended to clarify and streamline Gearhart, P. E., Director, Bureau of Aviation, 400 North the procedures for a sponsor to accept a grant offer. Street, Harrisburg, PA 17120, (717) 705-1200. Chapter 477 ALLEN D. BIEHLER, P. E., Secretary Section 477.2 was amended to delete redundant repeti- tion of definitions and simply reference the definitions Fiscal Note: 18-409. No fiscal impact; (8) recommends included in Chapter 471. adoption. Annex A Chapter 479 TITLE 67. TRANSPORTATION Section 479.2 was amended to delete redundant repeti- PART I. DEPARTMENT OF TRANSPORTATION tion of definitions and simply reference the definitions included in Chapter 471. Subpart B. NONVEHICLE CODE PROVISIONS ARTICLE IV. AIR TRANSPORTATION Persons and Entities Affected CHAPTER 471. AIRPORT RATING AND These regulations affect all owners/operators of aircraft LICENSING landing facilities, including airports, heliports, seaplane § 471.2. Definitions bases, and the like. The following words and terms, when used in this Fiscal Impact chapter, have the following meanings, unless the context Implementation of these proposed amendments will not clearly indicates otherwise: require the expenditure of any additional funds by the ***** Commonwealth or local municipalities. While these pro- Airport— posed amendments do allow for fees to be adjusted periodically, any additional cost to the regulated commu- (i) An area of land or water which is used, or intended nity will be nominal. to be used for the landing and takeoff of aircraft and appurtenant areas which are used or intended to be used, Regulatory Review for airport buildings or air navigation facilities or rights Under section 5(a) of the Regulatory Review Act (71 of way, together with airport buildings and facilities P. S. § 745.5(a)), the Department submitted a copy of thereon. these proposed amendments to the Independent Regula- (ii) The term includes heliports [ and public air- tory Review Commission (IRRC) and to the Chairpersons ports ] unless specifically noted. of the House and Senate Transportation Committees (committees). In addition to submitting the proposed Aviation-related areas— amendments, the Department has provided IRRC and the (i) An area of an airport used, or intended to be used, committees with a copy of a detailed Regulatory Analysis in the direct operation of the airport. Form. A copy of this material is available to the public [ The ] (ii) For the purpose of the Real Estate Tax upon request. Rebate Grant Program, the term includes, but is not Under section 5(g) of the act, IRRC may convey any limited to, a portion of the airport used in the [ landing, comments, recommendations or objections to the proposed taking off or ] surface maneuvering of an aircraft, regulations within 30 days of the close of the public including those protected areas that are restricted comment period. The comments, recommendations or from other uses. objections shall specify the regulatory review criteria that have not been met. The Regulatory Review Act specifies (iii) The term does not include hangars, terminals and detailed procedures for review, prior to final publication of any portion of the airport used for the housing of aircraft the regulations, by the Department, the General Assem- or areas dedicated to hotels, motels, shops, restaurants, bly and the Governor of comments, recommendation or parking areas, and garages and other for-profit establish- objections. ments whose purpose is unrelated to the landing and taking off of aircraft. Sunset Provisions ***** The Department will make these regulations effective Based aircraft—An aircraft stored at a specific upon publication in final-form following appropriate airport or heliport for more than 30 days. evaluation of any comments, suggestions or objections ***** received during the period allowed for public comment. The Department is not establishing a sunset date for Commercial operations—Operations of an aircraft these regulations, since these regulations are needed to for compensation or hire, including, but not limited administer provisions required under 74 Pa.C.S. Chapters to, flight instruction, aircraft maintenance, sale of 51—61. The Department, however, will continue to closely aircraft, parts and fuel. monitor these regulations for their effectiveness. *****

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Grant—An agreement and its accompanying as- Visual [ utility ] runway—A runway that is con- surances between the Department and a sponsor to structed for and [ intended to be used by propeller provide funding assistance. driven aircraft of 12,500 pounds maximum gross ***** weight and ] intended solely for the operation of aircraft Landing area—An area used, or intended to be used, using only visual approach procedures. for the landing[ , ] and taking off [ or surface maneu- Waiver Advisory Board—A board established un- vering ] of aircraft. der the Bureau’s Waiver Process described in the current Bureau Waiver Policy. Board composition Operation—An aircraft take-off or landing. will be as appointed by the Deputy Secretary for ***** Aviation and will include representation from the Aviation Council of Pennsylvania. Prepared landing site—An area that has a wind direction indicator or markings or lights or the § 471.3 Airport licensing surface has been improved with the intent to re- (a) Authority. [ No ] A person may not establish, main- ceive aircraft. A prepared landing site requires a tain or operate an airport, [ nor conduct ] or permit license. flight operations at an airport, unless authorized [ to do Primary surface—The area on the ground cen- so ] by the Bureau. This does not apply to an airport tered on a runway, provided to enhance the safety approved or maintained by the government of the United of aircraft operations by having the area free of States, [ nor ] or to infrequent operations by helicopters objects, except for objects that need to be located in or aircraft with characteristics permitting operation from the primary surface for air navigation or aircraft sites not specially prepared therefor. ground maneuvering purposes. ***** (b) Written authority required. [ Except in emergency conditions, authority ] Authority to establish, main- Private heliport—A heliport which is privately tain or operate an airport will be given provided in owned and which is not open or intended to be [ ] open to the public. writing by the Bureau and will indicate [ therein ] whether the airport is public [ or ] use, private use,or Project—A compilation of all tasks or activities otherwise restricted. Current licensing criteria and proce- associated with an approved grant on behalf of an dures will be provided by the Bureau on request. An eligible sponsor qualified to receive grant assist- airport will be licensed by the ratings under §§ 471.5 and ance. 471.6 (relating to airport rating—excluding heliports; and ***** heliport rating). Commercial operations shall be lim- ited to public use airfields, or private airports that Public heliport—A heliport, which is either pub- meet or exceed criteria established for private licly or privately owned and which is open to the groups. Private airport operators are prohibited public. from selling fuel to the general public, and from Regional Project Management Team—Bureau staff performing flight instruction to the general public, assigned responsibility for each step of the project unless authorized by the Bureau. completion process. (c) Temporary licenses. A temporary license, public or Sponsor—A person applying for, or having re- private, may be issued by the Bureau for temporary ceived, an aviation development grant for a public operations or special occasions [ , for a limited period airport. The following are different types of spon- of time ]. An inspection fee will be charged for a sors eligible for funds: temporary license in the amount as published an- (i) Planning agency. An agency designated by the nually in the Pennsylvania Bulletin. Bureau that is authorized by the laws of the State (d) Waiver. The Bureau may [ waive, for good cause, or political subdivisions concerned to engage in compliance with the criteria or requirements, or area wide planning for the areas in which the grant both, in this chapter if the waiver request is not assistance is to be used. Typical planning agencies include planning offices, aeronautics commissions inconsistent with the code. ] issue a waiver for and departments of transportation. conditions not in compliance with criteria listed in Appendix A if control measures are put in place or (ii) Public agencies owning airports. A State, mu- if the conditions are deemed to not cause undue nicipality, county, airport authority or other politi- hazard to persons or property. Waivers may be cal subdivision, or a tax supported organization or temporary or permanent, depending on the situa- an Indian tribe or pueblo. tion and circumstances. Any conditions having a current waiver in force will be deemed to be in (iii) Public agencies not owning airports. A public conditional compliance with this chapter. agency as defined in subparagraph (ii) that does not own an airport seeking master planning grants (1) Waiver of criteria or requirements will be in for new airports, acquisition of existing airports accordance with the following procedures estab- and noise program implementing projects which lished by the Department: are included in a noise compatibility program pre- (i) Requests for waivers must be in writing. pared by a local airport sponsor and not disap- proved by the FAA. (ii) A sponsor shall request a waiver using forms and instructions provided by the Bureau. (iv) Privately owned public use airport owner. An individual, partnership, corporation, or other legal (iii) A separate request shall be submitted for entity that owns a public use airport each item for which waiver is requested.

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(iv) Bureau staff will review each request and initial site inspection and a final inspection shall be provide a recommendation. paid at the time of the initial application for air- (v) Upon a Bureau staff recommendation of de- port license. Subsequent inspections required to nial, the request will be forwarded to the Waiver receive a license will be subject to an additional Advisory Board. fee. (vi) The Waiver Advisory Board will review and (2) [ An additional site or final inspection, $25 at analyze the waiver request and provide a recom- time of initial licensing. ] A written request and fee mendation for disposition to the Bureau Director. are required for additional inspections. (vii) A denial of a waiver is subject to appeal (3) [ Licensing fee, $10 per year. ] Licensing fees under the appeal process described in § 471.9 (re- are payable in 3-year intervals. lating to appeal). (4) Temporary licenses, as required by § 471.3(c) (2) The Bureau will post the waiver procedure on the Department web site. (relating to airport licensing), require an inspection fee. (3) A nonexhaustive list of conditions for which the Bureau may grant a waiver is included in § 471.5. Airport rating—excluding heliports. Appendix B. (a) The following [ represents ] are rating categories (4) Waiver of criteria or requirements may be to be used by the Bureau for the issuance of an airport inconsistent with this chapter. license: (e) [ Transfer of license. A license issued under (1) Public airport. this chapter is not transferable unless prior written (i) Scheduled service/general aviation. An airport approval is granted by the Bureau. If the Bureau [ with a paved runway, a runway lighting system, a does provide written approvals for the transfer of a precision instrument landing system and passenger license, the new licensee shall pay the initial li- cense and inspection fees, and the landing area handling facilities ] accommodating regularly shall meet current licensing criteria. ] Change of scheduled air carrier or commuter service or gen- ownership. A change of airport ownership requires eral aviation operations, or both. a new license through the Bureau’s licensing pro- (ii) [ Business. An airport with a paved runway cess. Upon the change of ownership or status of an 3,500 feet or greater, a runway lighting system and airport, a new license which includes prior waivers a precision or nonprecision instrument landing of nonstandard conditions, modifications of FAA approach. ] Basic utility. An airport with a visual standards or determinations of no hazard, as appli- runway, turf or paved, serving aircraft less than cable, will be issued provided that a review by the 12,500 pounds max gross weight, without beacon or Bureau verifies that conditions at the airport have runway edge lights, authorized for visual flight not significantly changed since the time the previ- rules (VFR) use only and not intended for night ous license and waivers were issued. time operations. (f) Existing airport. An airport presently in existence and [ authorized ] licensed under preexisting statutes (iii) [ General service. An airport with a turf or and regulations is considered authorized. paved runway with or without an instrument ap- proach. (1) The Bureau may require an existing airport to correct or modify conditions which have arisen or (iv) ] Sport and [ Ultralight ] ultralight. A landing significantly changed since the time any previous area for the use of sport or ultralight aircraft, or license or waiver was issued if they pose a signifi- both, as those terms are defined by applicable cant threat to aviation safety. Federal aviation regulations (FARs). (2) Determination that a condition poses a signifi- [ (v) ] (iv) Seaplane base. An area of water used as a cant hazard to aviation safety will be based upon landing area. staff analysis by the Bureau after consultation with a Waiver Advisory Board. (2) Private airport. (g) Suspension or revocation of license. The Bureau ***** may revoke or suspend an airport license for reasonable cause, such as, but not limited to, failure to correct (iii) [ Commercial. A private airport from which airport deficiencies, failure to cease unauthorized activi- the licensee can conduct commercial flight opera- ties, [ failure to renew license ] or [ a ] any violation tions, excluding flight instruction but including of this chapter. See § 471.8 (relating to suspension/ commercial operations such as maintenance, sale of revocation schedule). aircraft or parts. ***** (iv) ] Sport and [ Ultralight ] ultralight. A landing area for the use of sport or ultralight aircraft, or both, § 471.4. Licensing fees (private airports only). as those terms are defined by applicable FARs. ***** [ (v) ] (iv) Seaplane. An area of water used as a (b) Licensing and inspection fees [ are ] will be landing area. published on an annual basis in the Pennsylvania Bulletin and are required as follows: (b) Use of landing areas by another aircraft. [ A pri- vate airport licensee may invite another aircraft to (1) [ One site inspection and one final inspection, use his landing area if the licensee has thoroughly $25 at time of inital licensing. ] The fee for both an briefed the invitee as to the peculiarities of the

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4380 PROPOSED RULEMAKING landing area. The invitee’s aircraft operational re- heliport owner/licensee may invite an aircraft op- quirements may not exceed the dimensions of the erator to use his landing area if the owner has landing area. ] thoroughly briefed the invitee on the takeoff and landing data and any peculiarities of the landing (1) Aircraft operators are authorized to land at area. The invitee’s aircraft expected performance public airports within the capabilities of the pilot- values and operational requirements may not ex- in-command and the aircraft. Pertinent information ceed the capabilities or dimensions of the landing regarding public airports is located in the FAA area. Airport Facilities Directory and also updated and disseminated by Notice to Airmen (NOTAM). § 471.7. Licensing criteria and requirements. (2) For private airports, aircraft operators shall (a) Criteria for licensing of airports and heliports are receive authorization from the airport owner prior [ set forth ] described in Appendix A. to operating to or from the airport. A private (b) The following are requirements applicable to airport owner/licensee may invite an aircraft opera- [ ] tor to use his landing area if the owner has thor- airports and heliports which [ shall obtain ] have ob- oughly briefed the invitee on the takeoff and land- tained a license: ing data and any peculiarities of the landing area. (1) An owner or operator [ , or both, ] of an airport The invitee’s aircraft expected performance values and operational requirements may not exceed the shall operate and maintain the airport safely [ , care- capabilities or dimensions of the landing area. fully and properly ] and shall conform to existing statutes and this chapter, or as modified by existing § 471.6. Heliport rating. waiver. (a) Rating categories. The following represents rating (2) An owner or operator , or both, of an airport categories to be used by the Bureau for issuance of a [ ] heliport license [ . The rating includes classifications shall give [ immediate ] prompt written notice to the Bureau, using Bureau Form AV-19, of a proposed with a lower numerical description ]: physical change in the airport [ which affects ] that is (1) Public heliport. A heliport consisting of a land- likely to affect its safety or conformity with the criteria ing area that is open to the public. under which the airport was licensed by the Bureau. [ (i) Business. A heliport consisting of a landing (3) An owner or operator [ , or both, ] of an airport area and offering services such as fueling, mainte- licensed by the Bureau shall immediately report altered, nance, passenger terminal and the like. unsafe or hazardous conditions of a nontemporary (ii) General service. A heliport consisting of a nature (in excess of 72 hours) to the Bureau. Public landing area with no support facilities to provide airport owners shall also file a Notice to Airmen service such as fueling, maintenance, passenger (NOTAM) with the FAA. Upon elimination of the condi- tion, a report shall be submitted to the Bureau detailing terminals and the like. ] corrective action taken. Information concerning per- (2) Private heliport. A heliport not intended for manent physical changes to the airport shall also public use (includes hospital heliports, corporate be reported to the FAA for inclusion in the Airport and privately owned heliports). Facilities Directory. [ (i) Individual. A private heliport used exclu- (4) An owner or operator [ , or both, ] of a public sively by the licensee. airport shall post, in a place visible to the public, written material required to be posted by the Bureau, the Com- (ii) Group. A private heliport used excusively by a monwealth or the Federal government. partnership, organization or corporation which is restricted to members of that entity. (5) [ No surface ] Surface vehicles, such as, but not limited to, automobiles, trucks, mowing machines, grad- (iii) Commercial. A private heliport from which commercial flight operation, excluding flight in- ers or rollers may not be operated [ upon ] in the struction but including commercial operations such vicinity of runways or taxiways of a public airport as maintenance, sale of aircraft or parts, may be without the airport manager’s permission and coordina- conducted. ] tion with the control tower, if existent. [ The surface shall ] Surface vehicles must be marked with ap- (b) Use of landing area/heliport by another aircraft. proved flags or flashing amber beacons in accordance [ A private heliport licensee may invite another with FAA guidelines when operating in air opera- aircraft to use his landing area if the licensee has tions areas unless coordinated with the airport thoroughly briefed the invitee as to the peculiari- manager. ties of the landing area. The invitee’s aircraft op- erational requirements may not exceed the dimen- (6) [ No ] Remote controlled model aircraft may not sions of the landing area. ] be operated from a public airport unless permission has been obtained from the airport [ owner or operator, or (1) Aircraft operators are authorized to land at public heliports within the capabilities of the pilot- both ] manager. in-command and their aircraft. Pertinent informa- (7) [ An owner or operator, or both, of a public tion regarding public heliports is located in the airport shall comply with safety criteria in this FAA Airport Facilities Directory and also update chapter. ] Nonaeronautical uses of a public air- and disseminated by Notice to Airmen (NOTAM). port’s aviation related area require the airport (2) For private heliports, aircraft operators shall sponsor to obtain Bureau approval by means of receive authorization from the heliport owner prior advance written notice. Failure of the Bureau to to operating to or from the heliport. A private respond within 30 calendar days shall be deemed

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 PROPOSED RULEMAKING 4381 tacit approval. Airport operators shall provide ad- current waiver in force. Conditions having a cur- vance notice to the flying public including NOTAM. rent waiver in force are deemed to be in condi- tional compliance with this chapter. (8) An abandoned or [ closed ] unlicensed airport shall have markers, wind direction indicators and aero- (ii) Safety inspections at private use airports will nautical signs immediately removed by the owner or be conducted on a random basis or at the request of the owner. operator[ , or both ]. (iii) Airport sponsors who cannot mitigate air- (9) The Bureau reserves the right to randomly inspect space obstructions may submit an FAA Form 7460 [ a landing area ] any airport or heliport to deter- for FAA evaluation and subsequent consideration mine compliance with the code and this chapter. for Bureau waiver. (i) Periodic safety inspections will be conducted (10) The Department may maintain an action in at all scheduled service, general aviation and basic any court of competent jurisdiction to prevent, utility airports. The Bureau will coordinate the restrain or enjoin any violation or threatened viola- inspection date with the airport owner. Following tion of this chapter. the inspection, the Bureau will provide written § 471.8. Suspension [ /revocation schedule ], penal- report of all inspection findings. Deficiencies iden- ties and revocations. tified should be corrected in a timely manner unless waived by the Bureau. The written report [ (a) Suspensions. The Department may impose containing the inspection findings, as they specifi- suspensions on an airport licensee according to the cally relate to the code or aviation regulations, will following schedule, when the Department finds itemize the deficiencies, except conditions having a upon sufficient evidence that:

1st Action 2nd Action 3rd Action 4th Action The licensee has failed to correct deficiencies Written 30 days 3 months Revocation noted in airport inspection letter. Warning The licensee has permitted unauthorized Written 30 Days 3 months Revocation activities. Warning The licensee has failed to report change of Written 30 days 3 months Revocation ownership to Bureau. Warning The licensee has failed to renew license. Written 30 Days 3 months Revocation Warning The licensee has failed to report physical changes Written 30 Days 3 months Revocation to the Bureau or to maintain airport under Warning licensing requirements. The licensee has knowingly made a false 30 days 6 months Revocation statement or knowingly concealed a material fact or otherwise committed a fraud to the Bureau.

(b) Second and subsequent violations. Second and (1) A nonconforming condition exists under this subsequent violations will be determined on the chapter that is a potential hazard to the users of basis of previous violations of the same nature the airport and has been brought to the attention committed within a 3-year period. If a third or of the airport sponsor, by written notice, as requir- subsequent violation occurs within 3 years of the ing remediation under this chapter, and the airport last previous violation, it will be deemed a third or sponsor has not responded or sought a waiver subsequent violation regardless of when other pre- within 90 days or less of the notice as deemed vious violations occurred. necessary by the Director. (2) A waiver request by the airport sponsor to (c) Multiple violations. In the case of multiple waive a nonconforming condition has been finally violations considered at one time, the Department denied and the airport sponsor refuses to take will impose separate penalties for a violation as reasonable steps to remediate the condition to the required by the schedule. The Department may satisfaction of the Bureau, to file an appeal to the direct that a suspension imposed be served concur- Director of the Bureau, or to file a legal action in a rently or consecutively. court of competent jurisdiction appealing the de- nial of the waiver, within 90 days of notice of the (d) Suspension/revocation authority reserved. The waiver denial. descriptions of reasons for suspension/revocation in subsection (a) are of a general nature, and should § 471.9. Appeal not be deemed to limit the authority of the Depart- ment granted by section 5301 of the code (relating A person aggrieved by a decision of the Bureau to to authority of department). ] grant, deny or revoke a license may make an appeal under 2 Pa.C.S. §§ 501—508 and 701—704 (relating to The Department may suspend or revoke an air- [ practice and procedure of Commonwealth agen- port license when the Department finds sufficient cies and judicial review of Commonwealth agency evidence that one of the following applies: action ] Administrative Agency Law) and 1 Pa. Code

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Part II (relating to general rules of administrative prac- horizontal to 1 foot vertical. The following are approach tice and procedure) [ . ] in the following manner: surface dimensions [ for a visual utility runway ]: (1) The appeal shall be filed within 60 days of ***** receipt of the Bureau’s decision. (3) The approach surface shall begin at the runway end (2) The appeal shall be filed with the Administra- for a turf runway and [ at a point ] 200 feet beyond the tive Docket Clerk, Office of Chief Counsel, 400 end of a paved runway. North Street, 9th Floor, Harrisburg, PA 17120-0064, with a $150 filing fee. (e) A runway other than visual shall conform to appli- cable FAR Part 77 Civil Airport Runway Approach Sur- (3) The appeal must provide a detailed descrip- faces. The Bureau will acknowledge and consider tion of the decisions being appealed and the rea- mitigation factors as determined by the FAA when sons for the appeal. determining compliance with this criterion. APPENDIX A (f) A runway shall have an obstruction free transitional Public Airport surface with a slope of 7 [ foot ] feet horizontal to 1 foot vertical extending from the side of the runway Scheduled Service/ Criteria A primary surface and the sides of the approach surfaces to General Aviation an elevation 150 feet above the airport elevation. Criteria A [ Business (g) Runway thresholds shall be a minimum of 200 feet General Service Criteria A ] from airport property line [ and 300 feet from the edge Basic Utility Criteria B of a public road ] as measured along the runway extended centerline. Sport/Ultralight Criteria [ H ] C (h) A runway shall be marked. Seaplane Criteria [ F ] D (1) Turf runway. Turf runway [ end ] ends and dis- placed thresholds shall be marked. [ Markers ] Edge Private Airport markers shall be placed at intervals not exceeding [ Individual ] Group Criteria [ B ] E [ 400 ] 200 feet along each side of the runway for its entire length. [ Group ] Individual Criteria [ C ] F (2) Paved runway. A paved runway shall be marked [ Commercial Criteria A ] [ in accordance with diagram, Figure 1 ]. For the Sport/Ultralight Criteria [ I ] G dimensions and spacing of the markings see the current edition of the FAA Advisory Circular 150/5340-1E Seaplane Criteria [ G ] H [ ] relating to runway markings. (i) [ Principle ] For planning purposes, principal Public Heliport Criteria I runway alignment [ shall ] for new airports should be [ Business Criteria D in the direction of the prevailing winds. Runway align- General Service Criteria D ] ment [ , ] other than into the prevailing winds, may restrict use of the airport during conditions where crosswind velocities exceed the crosswind component of Private Heliport Criteria J the aircraft. [ Individual Criteria E (j) A wind indicator shall be installed at a location that adequately indicates the surface wind direc- Group Criteria E tion and velocity. The wind indicator shall be lighted Commercial Criteria E ] where night operations are to be conducted. CRITERIA A (k) The runway surface longitudinal and transverse grade may not exceed 2.0%. It is desirable that a Public Airport—Scheduled Service/General Aviation line-of-sight standard exist along the entire length of the (a) The minimum runway length is 2,200 feet plus a runway. Runway grade changes should be such that any 2 7.0% additional length factor for each 1,000 feet of points 5 feet above the runway centerline [ , ] will be elevation that the runway is above mean sea level, mutually visible for the entire length of the runway rounded up to the nearest 5 foot increment. [ Note: [ length ]. Figure 4-1, FAA Advisory Circular 150/5300-4B for (l) If night operations are to be conducted at the additional runway length design standards. ] Ex- airport, runway edge lighting shall be installed to define ample: An airport at 500 feet above mean sea level the lateral and longitudinal limits of the usable landing would require a minimum length of 2,280 feet. area. Lights shall be installed in accordance with [ Fig- ***** ure 2. For location and spacing, see FAA AC 150/ (c) A paved runway shall have an obstacle free zone, 5340-24 ] the current edition of the FAA Advisory extending 200 feet beyond the end of each visual utility Circular related to runway lighting. runway, the same width as the primary surface [ —250 (m) A rotating beacon shall be installed for night feet ]. operations at public airports. (d) A visual [ utility ] runway end shall have an (n) [ A telephone ] Telephone service shall be avail- obstruction free approach surface with a slope of 20 feet able during hours of operation. [ A public telephone

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 PROPOSED RULEMAKING 4383 shall be available 24 hours a day. ] Emergency [ and (4) Displacement of runway thresholds may be used to aviation ] contact information [ telephone numbers ] reduce or eliminate approach slope obstructions as long shall be posted near the telephone. as sufficient effective runway length remains. (b) The minimum runway primary surface width is 180 (o) [ An adequate ] A first aid kit shall be available. feet or 90 feet either side of the runway centerline. The (p) [ The ] A traffic pattern diagram [ and ] with landing surface shall be centered within the primary altitudes shall be posted and visible to the aviation surface. The minimum width of a paved runway is 50 public. feet. The minimum width of a turf runway is 100 feet. The runway primary surface shall extend 200 feet beyond (q) [ Final ] A favorable airspace determination by the end of a paved runway and to the end of a turf the FAA [ may ] shall be required prior to final licens- runway. ing. (c) A runway end shall have an obstruction free ap- (r) The airport license shall be posted and visible proach surface with a slope of 20 feet horizontal to 1 foot to the aviation public. vertical. The following are approach surface dimensions for a visual runway: (s) [ Adequate fire ] Fire extinguishing equipment shall be available for emergency fire protection. See (1) The centerline of this surface shall extend outward NFPA [ Code 403 ] Codes and local fire codes for and upward 5,000 feet along the runway extended centerline. appropriate guidelines. (2) The surface shall extend laterally from each edge of (t) When public fueling services are provided use the primary surface at the runway approach threshold NFPA Codes for guidelines for storage and distribu- and increase uniformly in width to 625 feet on each side tion of fuels. of the centerline at a point 5,000 feet from the end of the (u) Issuance of a license does not preempt other primary surface. State, Federal or local zoning or permitting re- (3) The approach surface shall begin at the runway end quirements. for an unpaved runway and at a point 200 feet beyond (Editor’s Note: As part of this proposed rule- the end of a paved runway. making, the Department is also proposing to delete (d) A runway shall have an obstruction free transi- in their entirety the Figures entitled: FIGURE 1. tional surface with a slope of 7 feet horizontal to 1 foot AIRPORT MARKING and FIGURE 2. RUNWAY AND vertical extending from the side of the runway primary THRESHOLD LIGHTING CONFIGURATIONS which surface and the sides of the approach surface to an appear in 67 Pa. Code pages 471-12 and 471-13, elevation 150 feet above the airport elevation serial pages (226970) and (226971).) (e) Runway landing thresholds shall be a minimum of CRITERIA B 200 feet from the airport property line along the runway (Editor’s Note: As part of this proposed rulemaking, extended centerline. the Department is proposing to replace the text of (f) A runway shall be marked. Criteria B which appears in 67 Pa. Code pages 471-14 and 471-15, serial pages (226972) and (226973) with the (1) Turf runways. Runway ends shall be marked. Edge following text which has been printed in regular type to markers shall be placed at intervals not exceeding 200 enhance readability.) feet along each side of the runway for its entire length. Public Airport—Basic Utility (2) Paved runway. Runway numbers shall be marked at each end. (a) The minimum runway length is 1,600 feet. (3) Marked threshold displacements. Runway threshold (1) The minimum required runway length will be in- displacements shall be marked. creased where required to accommodate a family of airplanes having similar performance characteristics or a (g) For planning purposes, principal runway alignment specific airplane needing the longest runway and will be for new airports should be in the direction of the prevail- based on the performance data obtained from the aircraft ing wind. Runway alignment, other than into the prevail- flight manuals. ing wind, may restrict use of the airport during conditions where crosswind velocities exceed the crosswind compo- (2) Runway length will be that length needed for nent of the aircraft. take-off ground run or landing ground run whichever is greater, factored for density altitude (85° F day; runway (h) Operations are intended for day, visual meteorologi- elevation above sea level); plus a factor for grass. The cal conditions (VMC). grass factor may be that required by the manufacturer. If (i) A wind indicator shall be installed at a location that the manufacturer requires no grass factor, a factor of 10% adequately indicates surface wind direction and velocity. for conventional landing gear or 15% for tricycle landing The wind indicator shall be lighted if night operations are gear will be used. An additional safety factor of 20% shall to be conducted. also be applied. (j) The runway longitudinal and transverse gradient (3) If the aircraft performance data is not available should not exceed 4.0%. from the aircraft flight manual, due to its vintage or modifications, the Bureau may accept a written statement (k) Telephone service should be available during hours by the applicant-aircraft owner, as to aircraft performance of operation. Emergency contact information should be and runway length needed. Performance data may be posted near the telephone. considered, using less than maximum certificated takeoff (l) Fire extinguishing equipment should be available weight-down loaded condition, if requested in writing by for emergency fire protection. See National Fire Protec- the applicant, to meet minimum runway length require- tion Association (NFPA) Codes and local fire codes for ments. appropriate guidelines.

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(m) A traffic pattern diagram with altitudes shall be (n) A favorable airspace determination from the FAA posted and visible to the aviation public. shall be required prior to final licensing. (n) A favorable airspace determination from the FAA (o) Issuance of a license does not preempt other State, shall be required prior to license. Federal or local zoning or permitting requirements. (o) Issuance of a license does not preempt other State, CRITERIA D Federal or local zoning or permitting requirements. (Editor’s Note: As part of this proposed rulemaking, CRITERIA C the Department is proposing to replace the text of (Editor’s Note: As part of this proposed rulemaking, Criteria D which appears in 67 Pa. Code pages 471-16— the Department is proposing to replace the text of 471-18, serial pages (226974)—(226976) with the follow- Criteria C which appears in 67 Pa. Code pages 471-15 ing text which has been published in regular type to and 471-16, serial pages (226973) and (226974) with the enhance readability.) following text which has been published in regular type to Public Airport—Seaplane enhance readability.) (a) The minimum landing lane length is 2,500 feet. The Public Airport—Sport/Ultralight length of the landing lane shall be increased by 7% per (a) The minimum runway length shall be 1,000 feet. 1,000 feet of elevation above sea level. The additional The runway should be aligned within 40° of the prevail- length factor is calculated proportionately using a ratio of ing wind. Longitudinal and transverse gradients should 7% for each 1,000 feet of elevation that the runway is not exceed 4%. above mean sea level, rounded up to the nearest 5-foot increment (that is, an airport at 500 feet above mean sea (b) A runway end shall have an obstruction free ap- level would require a minimum length of 2,590 feet). proach surface with a slope of 15 feet horizontal to 1 foot vertical. The following are approach surface dimensions: (b) The minimum primary surface width is 200 feet or 100 feet each side of the landing lane centerline. The (1) The centerline of this surface shall extend outward landing lane minimum width is at least 100 feet and and upward 1,000 feet along the extended runway centered within the primary surface. centerline. (c) A minimum water depth of 3 feet is required at all (2) The surface shall extend laterally 50 feet on each points within the primary surface. side of the centerline of the runway approach threshold and increase uniformly in width to 100 feet on each side (d) A landing lane shall have an obstruction free of the centerline at a point 1,000 feet from the runway approach surface with a slope of 20 feet horizontal to 1 end. foot vertical. The following are the approach slope dimen- sions: (3) The approach surface shall begin at the runway end. (1) The centerline shall extend outward and upward for 5,000 feet along the landing lane extended centerline. (c) The minimum runway width shall be 100 feet. (2) The surface shall extend laterally 100 feet each side (d) A runway shall have an obstruction free transi- of the centerline, beginning at the landing lane threshold tional surface with a slope of 3 feet horizontal to 1 foot and increase uniformly to 625 feet each side of the vertical extending from the side of the runway surface centerline at a point 5,000 feet from the end of the and the sides of the approach surface. landing lane. (e) Runway landing thresholds shall be a minimum of (e) A wind indicator shall be installed at a location that 200 feet from the airport property line as measured along adequately indicates the surface wind direction and veloc- the extended runway centerline. ity. The wind indicator shall be lighted if night operations (f) Runway ends shall be marked. Edge markers shall are to be conducted. be placed at intervals not exceeding 200 feet along each (f) Documentation of ownership or lease of suitable side of the runway for its entire length. docking facilities and written authorization or permit to (g) For planning purposes, principal runway alignment use the waterway shall be submitted with the application. for new airports should be in the direction of the prevail- (g) If night operations are to be conducted at the ing wind. Runway alignment, other than into the prevail- airport, landing lane edge lighting shall be installed to ing winds may restrict use of the airport during condi- define the lateral and longitudinal limits of the useable tions where crosswind velocities exceed the crosswind landing area. component of the aircraft. (h) A public telephone should be available during air- (h) A wind indicator shall be installed at a location port operating hours. Emergency contact information that adequately indicates the surface wind direction and telephone numbers shall be posted. velocity. (i) The airport license shall be posted and visible to the (i) Night operations are not authorized. aviation public. (j) Telephone service should be available during hours (j) A traffic pattern diagram with altitudes shall be of operation. Emergency contact information should be posted at the docking facility and visible to the aviation posted near the telephone. public. (k) A traffic pattern diagram with altitudes shall be (k) A powerboat shall be readily available for emergen- posted and visible to the aviation public. cies during normal operating hours. (l) The airport license shall be posted and visible to the (l) The airport operator should provide fire extinguish- aviation public. ing equipment for emergency fire protection. (m) The airport operator should provide fire extin- (m) Final airspace determination by FAA shall be guishing equipment for emergency fire protection. required prior to final licensing.

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(n) Issuance of a license does not preempt other State, (2) Paved runways. Runway numbers shall be marked Federal or local zoning or permitting requirements. at each end. CRITERIA E (3) Marked threshold displacement. Runway threshold (Editor’s Note: As part of this proposed rulemaking, displacements shall be marked. the Department is proposing to replace the text of (4) Night operations. Displacements shall be lighted if Criteria E which appears in 67 Pa. Code pages 471-18 night operations are to be conducted. and 471-19, serial pages (227976) and (227978) with the (e) For planning purposes, principal runway alignment following text which has been published in regular type to for new airports should be in the direction of the prevail- enhance readability.) ing wind. Runway alignment, other than into the prevail- Private Airport—Group ing wind, may restrict use of the airport during conditions where crosswind velocities exceed the crosswind compo- (a) The minimum runway length is 1,200 feet. nent of the aircraft. (1) The minimum required runway length will be ad- (f) A wind indicator shall be installed at a location that justed where required to accommodate the aircraft to be adequately indicates surface wind direction and velocity. operated from the airport and will be based upon the It shall be lighted if night operations are to be conducted. performance data obtained from the aircraft flight manu- als. (g) The runway longitudinal and transverse gradient should not exceed 4%. (2) Runway length will be that length needed for take-off ground run or landing ground run, whichever is (h) If night operations are to be conducted at the greater, factored for density altitude temperature (85° F airport, runway edge lighting shall be installed to define day); runway elevation above sea level); plus a factor for the lateral and longitudinal limits of the useable landing grass. The grass factor may be that required by the area. Lights will be installed in accordance with current manufacturer. If the manufacturer requires no grass applicable standards. factor, a factor of 10% for conventional landing gear or (i) Fire extinguishing equipment and first aid kits are 15% for tricycle landing gear will be used. An additional recommended. safety factor of 20% shall also be applied. (j) Standard traffic patterns shall be established. (3) If the aircraft performance data is not available Where a nonstandard traffic pattern is necessary, the from the aircraft flight manual, due to its vintage, a information shall be made available to those authorized statement by the applicant/aircraft owner as to aircraft by the owners to use the airport. performance and runway needed may be accepted by the Bureau. (k) A favorable airspace determination from the FAA shall be required prior to license. (4) Performance data may be considered, using less than gross weight down loaded condition, if requested by (l) Issuance of a license does not preempt other State, the applicant, to meet minimum runway length require- Federal or local zoning or permitting requirements. ments. CRITERIA F (5) Displacement of runway thresholds may be used to (Editor’s Note: As part of this proposed rulemaking, reduce or eliminate approach slope obstructions as long the Department is proposing to replace the text of as sufficient effective runway length remains. Criteria F which appears in 67 Pa. Code page 471-20, serial page (226978) with the following text which has (6) The minimum runway primary surface width shall been published in regular type to enhance readability.) be 180 feet or 90 feet each side of the runway centerline. The landing surface shall be centered within the primary Private Airport—Individual surface. The minimum width of a turf landing surface (a) The minimum runway length is 1,200 feet. shall be 100 feet. The minimum width of a paved landing surface shall be 50 feet. A paved runway primary surface (1) The minimum required runway length will be in- shall extend 200 feet beyond the end of a paved runway creased where required to accommodate the aircraft to be and to the end of a turf runway. operated from the airport and will be based upon the performance data obtained from the aircraft flight manu- (b) A runway end shall have an obstruction free ap- als. proach surface with a slope of 20 feet horizontal to 1 foot vertical. The following are the approach slope dimensions: (2) Runway length will be that length needed for take-off ground run or landing ground run, whichever is (1) The centerline of this surface shall extend outward greater, factored for density altitude (temperature—85° F and upward for 5,000 feet along the runway extended day; runway elevation above MSL); plus a factor for centerline. grass. The grass factor may be that required by the (2) The surface shall extend laterally 90 feet on each manufacturer. If the manufacturer requires no grass side of the centerline of the runway approach threshold factor, a factor of 10% for conventional gear or 15% for and shall increase uniformly in width to 625 feet on each tricycle gear aircraft will be used. An additional safety side of the centerline at a point 5,000 feet from the end of factor of 20% shall also be applied. the primary surface. (3) If the aircraft performance data is not available (c) Runway thresholds shall be a minimum of 200 feet from the aircraft flight manual, due to its vintage or from airport property line as measured along the runway modifications, a statement by the applicant/aircraft owner extended centerline. as to the performance and runway needed may be accepted by the Bureau. (d) A runway shall be marked. (4) Performance data may be considered, using less (1) Turf runways. Runway ends shall be marked. Mark- than maximum certificated take-off weight down loaded ers shall be placed at intervals not exceeding 200 feet condition, if requested by the applicant, to meet runway along each side of the runway for its entire length. length requirements.

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(5) Displacement of runway thresholds may be used to CRITERIA G reduce or eliminate approach slope obstructions as long (Editor’s Note: As part of this proposed rulemaking, as sufficient effective runway minimum length remains. the Department is proposing to replace the text of (b) The minimum primary surface shall be 100 feet or Criteria G which appears in 67 Pa. Code pages 471-20 50 feet either side of the runway centerline. The landing and 471-21, serial pages (226978) and (226979) with the surface shall be centered within the primary surface. The following text which has been published in regular type to minimum width of a paved landing surface shall be 50 enhance readability.) feet. The minimum width of a turf landing surface shall Private Airport—Sport/Ultralight be 100 feet. The runway primary surface shall extend 200 feet beyond the end of a paved runway and to the end of (a) Minimum runway dimensions of 500 feet in a turf runway. length by 100 feet in width aligned within 40° of the prevailing wind are required. Longitudinal and trans- (c) A runway end shall have an obstruction free ap- verse gradients should not exceed 4.0%. proach surface with a slope of 20 feet horizontal to 1 foot vertical. The following are approach surface dimensions (b) The minimum runway length will be increased to for a runway: accommodate sport aircraft where applicable and will be based on the performance data obtained from the aircraft (1) The centerline of this surface shall extend outward flight manuals. Runway length will be that length needed and upward 1,500 feet along the extended runway for take-off ground run or landing ground run, whichever centerline. is greater, factored for density altitude (temperature— 85° F, runway elevation above MSL), plus a factor for (2) The surface shall extend laterally 50 feet each side grass. The grass factor may be that required by the of the centerline at the runway approach threshold and manufacturer. If the manufacturer requires no grass increase uniformly in width to 150 feet on each side of the factor, a factor of 10% for conventional gear of 15% for centerline at a point 1,500 feet from the end of the tricycle gear will be used. An additional safety factor of primary surface. 20% shall also be applied. (3) The approach surface shall begin at the runway end (c) A runway end shall have an obstruction free ap- for an unpaved runway and at a point 200 feet beyond proach surface with a slope of 15 feet horizontal to 1 foot the end of a paved runway. vertical. The following are approach surface dimensions: (d) The runway landing thresholds shall be a minimum (1) The centerline of this surface shall extend outward of 200 feet from airport property line along the runway and upward 1,000 feet along the extended runway extended centerline. centerline. (e) A runway shall be marked. (2) The surface shall extend laterally 50 feet on each side of the centerline of the runway approach threshold (1) Turf runways. Runway ends shall be marked. Edge and increase uniformly in width to 100 feet on each side markers shall be placed at intervals not exceeding 200 of the centerline at a point 1,000 feet from the runway feet along each side of the runway for its entire length. end. (2) Paved runways. Runway numbers shall be marked (3) The approach surface shall begin at the runway at each end. end. (3) Marked threshold displacement. Runway threshold (c) Runway landing thresholds shall be a minimum of displacements shall be marked. 200 feet from the airport property line as measured along the extended runway centerline. (f) For planning purposes, principal runway alignment for new airports should be in the direction of the prevail- (d) Runway ends shall be marked. Runway edges shall ing wind. Runway alignment, other than into the prevail- be marked at intervals necessary to define the lateral ing wind, may restrict use of the airport during conditions runway limits. where crosswind velocities exceed the crosswind compo- (e) For planning purposes, principal runway alignment nent of the aircraft. for new airports should be in the direction of the prevail- (g) A wind indicator shall be installed at a location that ing wind. Runway alignment, other than into the prevail- adequately indicates surface wind direction and velocity. ing winds may restrict use of the airport during condi- tions where crosswind velocities exceed the crosswind (h) The runway longitudinal and transverse gradient component of the aircraft. should not exceed 4%. (f) A wind indicator shall be installed at a location that (j) Operations are intended for day, visual meteorologi- adequately indicates the surface wind direction and veloc- cal conditions (VMC). ity. (k) Fire extinguishing equipment and first aid kits are (g) A favorable airspace determination from the FAA recommended. shall be required prior to license. (h) Issuance of a license does not preempt other State, (l) Standard traffic patterns shall be established. Federal or local zoning or permitting requirements. Where a nonstandard pattern is necessary, the informa- tion shall be made available to those authorized by the CRITERIA H owner to use the airport. (Editor’s Note: As part of this proposed rulemaking, (m) A favorable airspace determination from the FAA the Department is proposing to replace the text of shall be required prior to license. Criteria H which appears in 67 Pa. Code pages 471-21 and 471-22, serial pages (226979) and (226980) with the (n) Issuance of a license does not preempt other State, following text which has been published in regular type to Federal or local zoning or permitting requirements. enhance readability.)

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Private Airport—Seaplane (b) When the entire FATO is not load bearing, a paved (a) The minimum landing lane length is 2,500 feet. or stabilized touch down and lift off area (TLOF) is Landing lane length may be reduced if performance data recommended. The least dimension of the TLOF is recom- is provided which indicates required take-off and landing mended to be not less than the rotor diameter of the distances of less than 2,500 feet. design helicopter. (b) The minimum primary surface and landing lane (c) A safety area shall be provided around the FATO. width is 100 feet or 50 feet each side of the landing lane (1) The width of the safety area shall be 1/3 of the centerline. The landing lane minimum width is at least rotor diameter of the design helicopter, but not less than 100 feet and centered within the primary surface. 20 feet. (c) A minimum water depth of 3 feet is required at all (2) The safety area shall be free of objects. points within the primary surface. (d) A landing lane end shall have an obstruction free (d) The heliport shall have two approach/take-off paths approach surface with a slope of 20 feet horizontal to 1 separated by an arc of at least 90° and shall have foot vertical. The following are the approach surface unobstructed approach/take-off surfaces with a slope of 8 dimensions: feet horizontal to 1 foot vertical. (1) The centerline shall extend outward and upward for (1) The approach/take-off paths may curve to avoid 1,500 feet along the landing lane extended centerline. objects or noise sensitive areas, or both, and to use airspace above public lands. (2) The approach surface shall extend laterally 50 feet on each side of the centerline of the landing area, (2) The approach/take-off surface shall begin at the beginning at the landing lane threshold and increase threshold, at the same width as the FATO, and shall uniformly in width to 300 feet at 1,500 feet from the end extend outward and upward for 4,000 feet where its of the landing area. width is 500 feet. (e) A wind indicator shall be installed at a location that (3) One approach/take-off path may be acceptable if the adequately indicates the surface wind direction and veloc- approaches and take-offs can be conducted safely and if it ity. The wind indicator shall be lighted if night operations is unobstructed and crosswind to the prevailing winds. are to be conducted. (e) Transitional surface shall be unobstructed. Transi- (f) Documentation of ownership or lease of suitable tional surfaces shall extend outward and upward with a docking facilities and written authorization or permit to slope of 2 feet horizontal to 1 foot vertical from the edge use the waterway shall be submitted with the license of the approach/take-off surfaces and the FATO for a application. distance of 250 feet from the center of the FATO and from (g) If night operations are to be conducted at the the centerline of the approach/departure path. airport, landing lane edge lighting shall be installed to define the lateral and longitudinal limits of the useable (f) The FATO shall be marked with FAA standard landing area. markings for heliports. (h) A favorable airspace approval from the FAA shall be (1) The FATO shall be designated by marking the outer required prior to final licensing. perimeter boundary. (i) Standard traffic patterns shall be established. (2) If applicable, the touchdown and liftoff (TLOF) shall Where a nonstandard traffic pattern is necessary, the also be marked. An H marking will identify the heliport information shall be made available to those authorized as a public facility as well as mark the intended landing by the owner to use the airport. position. The H is oriented on the axis of the dominant (j) Issuance of a license does not preempt other State, approach/take-off path. A bar may be placed under the H Federal or local zoning or permitting requirements. when it is necessary to distinguish the preferred approach direction. CRITERIA I (3) In ground or surface markings may be used to (Editor’s Note: As part of this proposed rulemaking, define either or both the FATO and TLOF. the Department is proposing to replace the text of Criteria I which appears in 67 Pa. Code page 471-22, (4) For unpaved surfaces, the perimeter of a turf FATO serial page (226980) with the following text which has shall be identified with in ground markers that will not been published in regular type to enhance readability.) catch helicopter skids or create barriers to helicopter maneuvering. If raised markings are used, they shall be Public Heliport—General Aviation located at the outer boundary of the safety area and be no (a) The least dimension (that is, length, width or more than 8 inches in height. Markers are placed at the diameter) of the final approach and take-off area (FATO) corners, and as needed along the edges of the FATO. shall be at least 1.5 times the overall length of the design helicopter rounded up to the next 5 foot increment, but (5) For paved surfaces, a 12-inch dashed white line not less than 60 feet. defines the limits of the FATO when the entire surface is paved. (1) Helicopters located on raised platforms, piers, docks or buildings may have outer portions of the FATO extend (6) A 12-inch solid white line is used to define the beyond the platform. limits of the TLOF. (2) The FATO should be graded to provide a smooth (g) A wind indicator shall be installed at a location that surface. A slope gradient of no more than 2% is allowed adequately indicates the surface wind direction and veloc- for any part of the FATO on which a helicopter is ity. The indicator shall be lighted if night operations are expected to land. to be conducted. (3) The FATO shall be free of objects. (h) Night operations shall comply with the following:

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(1) The perimeter of the FATO and the TLOF shall be CRITERIA J defined with lights colored in accordance with the current FAA Advisory Circular pertaining to heliport lighting. The (Editor’s Note: The following text is new and has been lights may not penetrate the approach or transitional printed in regular type to enhance readability.) surface slopes. Private Heliport (2) A minimum of four flush or raised fixtures is (a) The least dimension (that is, length, width or required per side of a square or rectangular FATO or diameter) of the final approach and take-off area (FATO) TLOF. A light is located at each corner, with additional shall be 1.5 times the overall length of the design lights spaced uniformly between the corner lights with a helicopter rounded up to the nearest 5 foot increment, but maximum interval of 25 feet between lights. not less than 60 feet. (3) An even number of lights, at least eight, evenly (1) Helicopters located on raised platforms, piers, docks spaced, is required to define a circular FATO or TLOF, or buildings may have outer portions of the FATO extend with a maximum interval of 25 feet between lights. beyond the platform. (4) Raised light fixtures, modified to be not more than (2) The FATO should be graded to provide a smooth 8 inches in height, should be located 10 feet out from the surface. A slope gradient of no more than 2% is allowed FATO edge. for any part of the FATO on which a helicopter is (5) Flush lights may be located on the TLOF edge or expected to land. within 1 foot of the TLOF edge. (3) The FATO shall be free of objects. (6) When nonflush lights are used on a raised TLOF, (b) When the entire FATO is not load bearing, a paved light fixtures modified to no more than 8 inches in height or stabilized touchdown and liftoff area (TLOF) is recom- may be used to define the TLOF. They shall be located 10 mended. The least dimension of the TLOF is recom- feet out from the TLOF edge and may not penetrate a mended to be not less than the rotor diameter of the horizontal plane at the TLOF’s elevation by more than 2 design helicopter. inches. (c) A safety area will be provided around the FATO as (7) Flood lighting may also be used in lieu of, or to follows: supplement, perimeter lights. The flood lights shall be installed so they do not interfere with helicopter opera- (1) The width of the safety area shall be 1/3 of the tions or interfere with pilot vision. rotor diameter of the design helicopter, but at least 10 feet. (8) Obstruction lights should be installed on objects near the approach surfaces or where deemed necessary by (2) The safety area shall be free of objects. the Bureau. (d) The heliport shall have two approach/take-off paths (i) A rotating beacon is recommended to be installed for separated by an arc of at least 90° and shall have night operations at public heliports. unobstructed approach/take off surfaces with a slope of 8 feet horizontal to 1 foot vertical. (j) When the TLOF is on a platform elevated more than 30 inches above its surroundings, a 5-foot wide safety net (1) Approach/take-off paths may curve to avoid objects or shelf shall be provided. The safety net shall have a or noise sensitive areas, or both, and to use airspace load carrying capability of at least 25 pounds per square above public lands. Approach surface requirements are foot. The net or shelf may not project above the level of applicable for the entire route. the TLOF. (2) The approach/take-off surface shall begin at the (k) Rooftop heliports shall comply with the following: threshold, at the same width as the FATO and shall extend upward and outward for a distance of 1,000 feet (1) The size of the FATO and the TLOF for a rooftop or where its width is 200 feet. elevated heliport shall be the same as for ground level. (3) One approach/take-off path may be acceptable if (2) When the TLOF is less than the rotor diameter of approaches can be conducted safely and if it is unob- the design helicopter, additional nonload bearing surface structed and crosswind to the prevailing winds. is required for support of the main rotor downwash ground effect. Load bearing surface size and designed (e) The FATO shall be marked with FAA standard load capacity shall be in accordance with the current markings for heliports. edition of the FAA heliport design guide. (1) The FATO shall be designated by marking the outer (l) Where practicable, wires within 500 feet of the perimeter boundary. FATO are recommended to be marked. (2) If applicable, the TLOF shall also be marked. (m) A telephone shall be available to the public 24 (3) The FATO or TLOF may be marked with company hours a day. Emergency and aviation information tele- logo or name. phone numbers shall be posted near the telephone. (4) A hospital heliport shall be identified by a red (n) A traffic pattern diagram with altitudes shall be capital H centered on a white cross. The dimensions of posted and visible to the aviation public. the cross and H are described in the current edition of the (o) The heliport operator will provide fire extinguishing FAA Heliport Design Advisory Circular. equipment for emergency fire protection. (5) In ground or surface markings may be used to (p) A favorable airspace determination from the FAA define either or both the FATO and TLOF. shall be required prior to final licensing. (6) The perimeter of a turf FATO shall be identified (q) Issuance of a license does not preempt other State, with in ground markers that will not catch helicopter Federal or local zoning or permitting requirements. skids or create barriers to helicopter maneuvering. If

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 PROPOSED RULEMAKING 4389 raised markings are used, they shall be located at the (l) A favorable airspace determination from the FAA outer boundary of the safety area and be no more than 8 shall be required prior to final licensing. inches in height. (m) Issuance of a license does not preempt other State, (7) A 12-inch dashed white line defines the limits of the Federal or local zoning or permitting requirements. FATO when the entire surface is paved. APPENDIX B (8) A 12-inch solid white line is used to define the (Editor’s Note: The following text is new and has been limits of the TLOF. printed in regular type to enhance readability.) (f) A wind indicator shall be installed at a location that (a) Section 471.3(d) (relating to airport licensing) al- adequately indicates the surface wind direction and veloc- lows the Bureau to waive, for ‘‘good cause,’’ compliance ity. The wind indicator shall be lighted if night operations with the licensing criteria and related requirements. It are to be conducted. must be understood, however, that no waivers will be granted for conditions which are inconsistent with FAA (g) Night operations shall comply with the following: Grant Assurance obligations or other applicable FAA (1) The perimeter of the FATO or the TLOF (but not regulation unless permission is granted by the FAA. both) shall be defined with lights colored in accordance (b) The following is a nonexhaustive illustrative list of with the current FAA Advisory Circular pertaining to potential waiverable conditions: heliport lighting. (1) Runway length. (2) At least 8 evenly spaced lights are required to (2) Runway width. define a circular FATO or TLOF, with a maximum interval of 25 feet between lights. (3) Runway obstacle free zone. (3) A minimum of three flush or raised fixtures is (4) Approach surface penetrations. required per side of a square or rectangular FATO or (5) Runway markings. TLOF. A light is located at each corner, with additional (6) Runway alignment. lights spaced uniformly between the corner lights with a maximum interval of 25 feet between lights. (7) Longitudinal and transverse grades. (4) Raised light fixtures, modified to be not more than (8) Telephone requirements. 8 inches in height, should be located 10 feet out from the (c) When evaluating any nonstandard condition for a FATO edge. waiver, the following will be considered in determining ‘‘good cause:’’ (5) Flush lights may be located on the TLOF edge or within 1 foot of the TLOG edge. (1) Type and performance characteristics of the critical aircraft operating at the facility. (6) When nonflush lights are used on a raised TLOF, light fixtures modified to no more than 8 inches in height (2) History of incidents attributable to the nonstandard may be used to define the TLOF. They must be located no conditions as determined by the FAA or National Trans- more than 10 feet out from the TLOF edge and may not portation Safety Board (NTSB). penetrate a horizontal plane at the TLOF’s elevation by (3) Operational limitations, such as Visual Flight Rules more than 2 inches. (VFR)-day only. (7) Flood lighting may also be used in lieu of, or to (4) Physical constraints. supplement, perimeter lights. The flood lights shall be (5) Financial feasibility of undertaking improvements installed so as not to interfere with helicopter operations to meet airport licensing criteria. or interfere with pilot vision. (6) How similar issues have been handled with respect (8) Obstruction lights should to be installed on objects to other airports. near the approach surfaces or where deemed necessary by (7) Facility preservation. the Bureau. (8) Availability of visual guidance systems. (h) When the TLOF is on a platform elevated more than 30 inches above its surroundings, a 5-foot wide CHAPTER 473. AVIATION DEVELOPMENT safety net or shelf shall be provided. The safety net shall GRANTS have a load carrying capability of at least 25 pounds per § 473.2. Definitions. square foot. The net or shelf may not project above the The following words and terms, when used in level of the TLOF. [ this chapter, have the following meanings, unless (i) Rooftop heliports shall comply with the following: the context clearly indicates otherwise: (1) The size of the FATO and TLOF for a rooftop or Aircraft—A contrivance, except an unpowered elevated heliport shall be the same as for ground level. hang-glider or parachute, used for manned ascent into or flight through the air. (2) When the TLOF is less than the rotor diameter of the design helicopter, additional nonload bearing surface Airport—An area of land or water which is used, is required for support of the main rotor downwash or intended to be used, for the landing and takeoff ground effect. Load bearing surface size and designed of aircraft and an appurtenant area which is used, load capacity shall be in accordance with the current or intended to be used, for airport buildings or air edition of the FAA heliport design guide. navigation facilities or rights-of-way, together with airport buildings and facilities thereon. Unless indi- (j) When practicable, wires within 500 feet of the FATO cated otherwise, the term includes heliports and are recommended to be marked. public airports. (k) The heliport operator shall provide fire extinguish- Aviation-related areas—An area of an airport ing equipment for emergency fire protection. used, or intended to be used, in the direct opera-

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4390 PROPOSED RULEMAKING tion of the airport. The term includes, but is not ***** limited to, a portion of the airport used in the (14) Acquisition of land or easements for airport landing, taking off or surface maneuvering of an development. aircraft. The term does not include hangers, termi- nals and a portion of the airport used for the (15) Equipment [ or ] and buildings, [ or both, ] dedi- housing of aircraft or areas dedicated to hotels, cated to aircraft [ crash/fire/ ] rescue and firefighting motels, shops, restaurants, parking areas and ga- purposes. rages and other for-profit establishments whose purpose is unrelated to the landing and taking off ***** of aircraft. (19) Necessary [ airport engineering/ ] project/ Aviation restricted account—The account into planning/environmental studies/engineering plans, which revenues generated from the sources in sec- specifications and cost estimates. tion 5103(b) of the code (relating to aviation re- (20) Airport [ master ] planning, including, but not stricted account) are deposited. limited to, master plans, noise and land use studies. Bureau—The Bureau of Aviation of the Depart- ***** ment. Code—74 Pa.C.S. §§ 5101—6169 (relating to the (23) [ Another project ] Other projects which, in Aviation Code). the discretion of the Department, should be considered. Department—The Department of Transportation § 473.4. Limits of funding. of the Commonwealth. ***** Director—The Director of the Bureau of Aviation. (b) Non-Federal aid projects. [ The maximum grant Grant—An offer of funding assistance from the to a sponsor may be up to 75% of the eligible Department to a sponsor for a project in this amount of the project. ] The maximum grant to a chapter. sponsor for State and local participation projects Landing area—An area used, or intended to be will be flexible. In no case, will State participation used, for the landing, taking off or surface maneu- exceed 90% of the total project cost. Projects that vering of aircraft. may be funded at the 90% level will be those projects at non-Federally eligible airports that the Person—A corporation, company, association, so- Bureau requires be accomplished. The Bureau will ciety, firm, partnership or joint stock company, as work in good faith with airport sponsors to develop well as an individual, the Commonwealth and its feasible and practicable plans for funding any man- political subdivisions, agencies or instrumentali- dated project. ties. § 473.5. [ Application procedure ] (Reserved). Private airport—An airport which is privately owned and which is not open or intended to be (Editor’s Note: As part of this proposed rulemaking, open to the public. the Department is proposing to rescind § 473.5 which appears in 67 Pa. Code pages 473-4 and 473-5, serial Public airport—An airport which is either pub- pages (254118) and (254119).) licly or privately owned and which is open to the public. § 473.5a. Project selection process and criteria. Sponsor—A person applying for, or having re- (a) Project selection. Aviation development grants ceived, an aviation development grant for a public for projects on the 12-year plans and Airport Capi- airport. ] tal Improvement Programs (ACIPs) on file with and agreed to by the Bureau will be selected for consid- Words and terms used in this chapter have the eration on an annual basis upon written request same meaning as they are given in § 471.2 (relating from sponsors. to definitions), unless the context clearly indicates otherwise. (b) Consideration. Following the published clos- ing date identified in § 473.5b (relating to impor- § 473.3. Eligibility requirements and criteria. tant dates and notification procedure) for the re- (a) The minimum requirements and criteria for eligibil- ceipt of applicable documentation, projects will be ity to apply for an aviation development grant is that the considered for funding for future fiscal years. facility shall be an appropriately licensed public airport (c) Incomplete documentation. The Department located in this Commonwealth and the applicant shall reserves the right to consider documentation for be an eligible sponsor. aviation development grants which may be techni- (b) The following are projects eligible for consideration cally incomplete on the deadline identified in of an offer of an aviation development grant. § 473.5b, but which will be made complete in a timely fashion. The decision to consider documen- ***** tation which may be determined incomplete on the (6) Runway, taxiway and apron marking and light- documentation deadline is made at the sole discre- ing. tion of the Bureau. ***** (d) Review process. In evaluating the documenta- tion, the Department may establish internal review (11) [ Obstruction removal ] Removal, lighting and procedures, review committees or other administra- marking of [ airports ] obstructions. tive mechanisms sufficient to handle the responsi- bilities of these programs. The Department will (12) Airport safety[ / ] and security fencing. maintain an ongoing record of the specific review

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 PROPOSED RULEMAKING 4391 mechanisms used for the consideration of the docu- (c) Documents on file, but incomplete, may be mentation and to make available to applicants an excluded from consideration for grants in that outline of the current applicable internal review fiscal year. The deadlines for submission of aviation procedures. development grant related documentation for a given fiscal year is the close of business of the (e) Review by Bureau. The Bureau will review and published date (4:30 pm Eastern Time). evaluate submitted documentation with respect to applicable criteria for project funding, available (d) The sponsor will receive a letter of intent for funds, current priorities for development of the projects selected as described in § 473.9 (relating to airport and significant environmental or economic offer and acceptance of an aviation development factors. grant), which will authorize the sponsor to proceed with project formulation described in § 473.6a (re- (f) Criteria used in review. In considering submit- lating to project execution). ted documentation, the Bureau will give weight and consideration to the following criteria: (e) The Department will send a written condi- tional offer for a grant to a sponsor for a selected (1) Improvement of the safety of airport opera- project in accordance with § 473.9. tions. § 473.6. [ Deadlines for preapplications and applica- (2) The effects of the project on both the overall tions (Reserved). airport system and the local airport. ] (Editor’s Note: As part of this proposed rulemaking, (3) The impact of the project on the area sur- the Department is proposing to rescind § 473.6 which rounding the airport. appears in 67 Pa. Code page 473-5, serial page (254119).) (4) Availability of local funds for airport develop- § 473.6a Project execution. ment. (a) Upon receipt of a letter of intent in accord- (5) The capture of Federal funds for airport de- ance with § 473.9 (relating to offer and acceptance velopment. of an aviation development grant), a sponsor may (6) Current policy of the Commonwealth on proceed with project formulation and the appli- transportation improvements and economic devel- cable plans, specifications, procurement of the nec- opment. essary contracting services and other work neces- sary pursuant to the future phases of the project. (7) Current and future demand for passenger (1) If the intended project is an airport master service, based or itinerant aircraft and freight ser- planning, environmental planning or related plan- vices. ning study, or both, the applicant shall: (8) Assurance that there is a viable network and (i) Engage a professional planner or an engineer, reasonable distribution of services and safe facil- or both, with appropriate experience in the particu- ities throughout this Commonwealth. lar planning area to accomplish the planning study (9) The extent to which the project would con- and related work items as required. tribute to the welfare of the citizens of this Com- (ii) Provide required documentation including, monwealth. but not limited to, the scope of services, objectives, (10) Other criteria as may be considered from work schedule, detailed cost schedule and contract time to time. documents required for Department review and approval prior to granting of funds. (g) Discretion in evaluation. In consideration of (2) If the intended project is land acquisition or the various criteria applicable to the review of interest therein, or both, the applicant shall: submitted documentation, the Bureau reserves the right to evaluate criteria in a manner which may (i) Engage a professional engineer or surveyor take into account unique or special factors at any registered in this Commonwealth to prepare a airport and emergency situations. Factors making property map and provide legal descriptions prior an airport unique from others may include the to negotiations. character of the market it serves, the type and use (ii) Provide other necessary maps, reports, envi- of based aircraft, the current or future role of the ronmental documentation and cost estimates as airport, nearby facilities offering similar services or may be required for Department review and ap- other significant elements contributing to the char- proval prior to the granting of funds. acter or utilization of the facility. (3) If the intended project is construction or § 473.5b. Important dates and notification proce- facility modification, the applicant shall: dure. (i) Engage a professional engineer registered in (a) The Bureau will publish annual critical dates this Commonwealth to prepare detailed construc- for the upcoming calendar year in the first publica- tion plans and specifications and to provide con- tion of the Pennsylvania Bulletin of the calendar struction engineering, inspection and material test- year preceding the upcoming fiscal year. Addition- ing as required. ally, the Bureau will provide direct notification to (ii) Provide certified maps, reports, detailed con- current sponsors. struction plans, specifications and contract docu- (b) Documentation for aviation development ments as may be required for Department review grants is considered on an annual basis. From the and approval prior to granting of funds. completed planning documents on file for a given (4) If the intended project is an equipment pro- fiscal year, July 1 to June 30, projects will be curement—ARFF or Snow Removal—the applicant selected for grants. shall:

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(i) Prepare detailed procurement specifications. (1) Acceptance of a final offer is not binding on a sponsor until the execution of the grant agreement (ii) Provide reports, detailed procurement specifi- between the Department and the sponsor. cations, contract documents and cost estimates as may be required for Department review and ap- (2) Failure of a sponsor to indicate acceptance of proval prior to granting funds. the terms of a final offer within the 30 day response period, will be considered as a rejection of the final (b) At the request of the Bureau, the sponsor offer and termination of the application. shall submit: (e) Review process. In evaluating preapplications (1) The estimated cost—by item quantity and unit and applications, the Department may establish cost item extended to total cost. internal review procedures, review committees or (2) A copy of approved airport layout plan—if other administrative mechanisms sufficient to requested. handle the responsibilities of these programs. The Department will maintain an ongoing record of the (3) A copy of environmental finding—if requested. specific review mechanisms used for the consider- (4) A copy of airspace determination—if re- ation of preapplications and applications and to quested. make available to applicants an outline of the (5) A copy of the sponsor’s certification—if re- current applicable internal review procedures. quired or requested by the Bureau. (f) Discretion of Department. ] Unless otherwise (6) Other materials or information, or both, restricted by statute, the Department has absolute discre- deemed necessary by the Department. tion in the selection of projects and in the determination of funding levels, priorities, critical project selection crite- § 473.7. Public records. ria, project phasing, project design and specifications and [ A preapplication or ] An application [ , or both, ] performance criteria. for an aviation development grant made under this [ (g) Amendments to projects. ] (d) In the consider- chapter is considered a document of public record at the ation of [ a preapplication or an application, ] the time of filing, and will be made available to persons for documentation provided, the Department may deter- inspection. mine that a proposed project should be amended to § 473.8. [ Grant selection process and criteria ] (Re- accommodate available funding, applicable airport design served). criteria, anticipated use or to better accommodate poten- tial user needs. The Department may offer an aviation (Editor Note: As part of this proposed rulemaking, the development grant for a project whose specifications, Department is proposing to rescind the text of § 473.8 terms or scope have been modified by the Department. which appears in 67 Pa. Code pages 473-6 and 473-7, serial pages (254120) and (284985).) [ (h) Consultation does not insure offer. ] (e) In the event that the Department confers with a sponsor to § 473.9. Offer and acceptance of an aviation devel- amend a proposed project, the sponsor understands that opment grant. consultation and amendment does not insure that an offer (a) [ Conditional offer. ] The Department will send a will be made. written conditional offer to a sponsor whose application § 473.13. Payment procedures. has been approved. The Department’s conditional offer may completely fund an eligible project as proposed, or a Unless otherwise specified by the Department, the portion of an eligible project. following general procedures are to be used for funds from an aviation development grant: (b) Application required. Upon receipt of a con- [ ***** ditional offer from the Department, a sponsor shall, within the time set forth in the conditional offer, (4) Payment requests shall be limited to monthly sub- submit an application under § 473.5 (relating to missions. The Bureau reserves the right to request application procedure). ] Upon receipt of a condi- additional submissions to facilitate the end of year tional offer from the Department, a sponsor shall, and grant closeout requirements. within the time set forth in the conditional offer CHAPTER 477. LOCAL REAL ESTATE TAX execute and submit the grant agreement. REIMBURSEMENT GRANTS (1) Failure of a sponsor to indicate acceptance of § 477.2. Definitions. the terms of the grant agreement within the speci- fied response period, will be considered as a rejec- [ The following words and terms, when used in tion of the final offer. this chapter, have the following meanings, unless the context clearly indicates otherwise: (2) Acceptance of the grant agreement is not binding on a sponsor or the Department until the Aircraft—A contrivance, except an unpowered documents are fully executed between the Depart- hang-glider or parachute, used for manned ascent ment and the sponsor. into or flight through the air. (c) [ Final offer. If the Department decides to Airport—An area of land or water which is used, make a final offer to a sponsor, it will notify the or intended to be used, for the landing and takeoff sponsor in writing and include a grant agreement of aircraft and appurtenant areas which are used, as apart of the final offer. or intended to be used, for airport buildings or air navigation facilities or rights-of-way, together with (d) Acceptance. A sponsor who has received a airport buildings and facilities thereon. Unless indi- final offer has 30 days to indicate by registered cated otherwise, airport includes heliports and mail, acceptance of final order. public airports.

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Aviation-related areas—An area of an airport Approach area—The area lying within and above used, or intended to be used, in the direct opera- an inclined plane starting at each end of each tion of the airport. The term includes, but is not runway of a public airport, as descriped by guide- limited to, a portion of the airport used in the lines or regulations adopted by the Federal Avia- landing, taking off or surface maneuvering of an tion Administration. aircraft. The term does not include hangars, termi- Bureau—The Bureau of Aviation of the Depart- nals and a portion of the airport used for the ment. housing of aircraft or areas dedicated to hotels, motels, shops, restaurants, parking areas and ga- Code—74 Pa.C.S. §§ 5101—6169 (relating to the rages and other for-profit establishments whose Aviation Code). purpose is unrelated to the landing and taking off of aircraft. Department—The Department of Transportation of the Commonwealth. Aviation restricted account—The account into which revenues generated from sources set forth in Director—The Director of the Bureau. section 5103(b) of the code (relating to aviation Person—A corporation, company, association, so- restricted account) are deposited. ciety, firm, partnership or joint stock company. The Bureau—The Bureau of Aviation of the Depart- term includes an individual, the Commonwealth ment. and all political subdivisions of the Commonwealth or agencies or instrumentalities. Code—74 Pa.C.S. §§ 5101—6169 (relating to the Aviation Code). Public airport—An airport which is either pub- licly or privately owned and which is open to the Department—The Department of Transportation public. ] of the Commonwealth. Words and terms used in this chapter have the Director—The Director of the Bureau. same meaning as they are given in § 471.2 (relating Grant—An offer of funding assistance from the of definitions), unless the context clearly indicates Department to the owner of a public airport for a otherwise. local real estate tax reimbursement grant. [Pa.B. Doc. No. 08-1460. Filed for public inspection August 8, 2008, 9:00 a.m.] Landing area—An area used, or intended to be used, for the landing, taking off or surface maneu- vering of aircraft. Owner—The person holding legal or equitable title to an airport. PENNSYLVANIA PUBLIC Person—A corporation, company, association, so- ciety, firm, partnership or joint stock company. The UTILITY COMMISSION term includes an individual, the Commonwealth Advance Notice of Proposed Rulemaking Order and all political subdivisions of the Commonwealth or agencies or instrumentalities. Public Meeting held Private airport—An airport which is privately July 17, 2008 owned and which is not open or intended to be open to the public. Commissioners Present: James H. Cawley, Vice Chairper- son; Robert F. Powelson; Tyrone J. Christy; Kim Piz- Public airport—An airport which is either pub- zingrilli; Wayne E. Gardner, Absent licly or privately owned and which is open to the public. ] Advance Notice of Proposed Rulemaking for Revision of 52 Pa. Code Chapter 57 pertaining to adding Neutral Words and terms used in this chapter have the Connection Inspection and Maintenance Standards for same meaning as they are given in § 471.2 (relating the Electric Distribution Companies; Doc. No. L-2008- of definitions), unless the context clearly indicates 2044821 otherwise. By the Commission: CHAPTER 479. OBSTRUCTION TO AIRCRAFT On May 22, 2008, the Commission entered a Final § 479.2. Definitions. Rulemaking Order at L-00040167 which promulgated [ The following words and terms, when used in regulations at 52 Pa. Code § 57.198, establishing inspec- this chapter, have the following meanings, unless tion, maintenance, repair and replacement standards for the context clearly indicates otherwise: electric distribution companies (EDCs). The Final Rule- making Order improved the Commission’s ability to moni- Aircraft—A contrivance used for manned ascent tor EDC service reliability and safety. Specifically, the into or flight through the air. The term does not Commission will receive biennial inspection, maintenance, include an unpowered hang-glider or parachute. repair and replacement plans that should conform to minimum standard intervals set forth at § 57.198(n). Airport—An area of land or water which is used, or intended to be used, for the landing and takeoff Based on more recent experience and information, the of aircraft and appurtenant areas which are used, Commission also determined that the issue of whether or intended to be used, for airport buildings or air EDCs should be subject to specific inspection and mainte- navigation facilities or rights-of-way, together with nance standards regarding neutral connections should be airport buildings and facilities thereon. The term evaluated. Specifically, the Commission approved Com- includes heliports and public airports. missioner Tyrone J. Christy’s Motion to consider addi-

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4394 PROPOSED RULEMAKING tional standards for the inspection, maintenance and Docket No. C-2006673, Order Entered Dec. 20, 2007. The repair of neutral connections by opening a new rule- Commission also affirmed the ALJ’s ruling requiring Met making proceeding. Ed to monitor the failure rate of its neutral connections and to file annual reports for the years 2008-2010 based On December 20, 2007, in Strickhouser v. Metropolitan on those findings because of ‘‘the amount of harm and Edison Company, Docket No. C-20077273, Order entered expense that such failures can cause.’’ Strickhouser, Dec. 20, 2007, this Commission ruled on whether EDCs Docket No. C-20066673, Order Entered Dec. 20, 2007. should be required to inspect, maintain, repair and The Commission modified the ALJ’s initial decision, how- replace damaged neutral connections. Michael ever, by eliminating the requirement to collect data on Strickhouser filed his claim against Metropolitan Edison neutral connection age when it is not available because of Company (‘‘Met Ed’’ or ‘‘the utility’’) after a power surge the small number of failures and the expense involved in caused damage to his home and some appliances inside making that determination. the home.1 The power surge resulted from a failed neutral connection,2 and Mr. Strickhouser contended that In Luke Kelley v. Pennsylvania Electric Company, the neutral connection would not have failed but for Met Docket No. C-2006673, Luke Kelley testified that in June Ed’s negligence in failing to properly monitor, inspect, 2006, whenever he turned on an appliance that required repair and replace its neutral connections. Met Ed denied a large amount of amperage, such as a dryer or air liability, arguing that it was not industry practice to conditioner, the lights in his home would brighten. Tran- routinely inspect neutral connections. Met Ed stated that script February 7, 2007, pp. 13-14. At one point, when Mr. because neutral connection failures are uncommon, it is Kelley turned on his radio, his stereo system began to neither practical nor feasible to physically inspect the emit smoke. Transcript February 7, 2007, p. 15. Mr. multiple connections existing on each of Met Ed’s approxi- Kelley had a failed neutral at the time. mately 157,000 overhead service lines, and the cost of conducting routine inspections on a million neutral con- In both the Strickhouser and Kelley cases, the EDCs nections by linesman using a bucket to ascend up the argued that: neutral connection failure is a natural and poles to the connections far outweighs the benefit because foreseeable occurrence caused by corrosion; that 20 years the failures are so infrequent. According to Met Ed’s is a reasonable amount of time for a neutral connection to witness, Brian Lechman, a Met Ed regional manager with last; that a bad neutral connection would not be discov- an electrical engineering degree, current practice is to ered during the EDC’s routine maintenance on a circuit check a neutral connection typically after a customer because such connections are not visible to the naked eye; telephones the company and complains about voltage that the failure of a neutral connection is identified only problems, i.e. flickering lights, or bright lights, or some after a trouble call is received from a customer; and that other symptom that would indicate a neutral connection it is not practical or feasible for the company to inspect failure. Strickhouser, Transcript of May 30, 2007, pp. every neutral connection due to the large number of 49-50. Mr. Lechman further testified that it was not connections on each line. Instead of routinely inspecting reasonable for the Company to have performed regular and/or replacing neutral connections, the two EDCs relied inspections and maintenance on thousands of neutral on customer complaints to identify failed neutral connec- connections in its territory, given the small number of tions. annual failures and that industry standards do not We question whether these practices regarding neutral provide for such inspections. Initial Decision of ALJ connection failures are adequate and reasonable. Melillo, Docket No. C-20077273, at 10. The Public Utility Code at 66 Pa.C.S. § 2802(20) Administrative Law Judge Kandace F. Melillo dis- provides: missed Mr. Strickhouser’s claim, but ALJ Melillo required MetEdto‘‘commence monitoring the failure rate of its (20) Since continuing and ensuring the reliability of neutral connections, in connection with the age and electric service depends on adequate generation and on location of these connections, to ascertain whether imple- conscientious inspection and maintenance of transmission mentation of an inspection and replacement program is and distribution systems, the independent system opera- necessary to assure reasonably continuous service and tor or its functional equivalent should set, and the avoid appliance damage.’’ Strickhouser, Docket No. Commission shall set through regulations, inspection, C-20077273, Initial Decision entered July 16, 2007. ALJ maintenance, repair and replacement standards and en- Melillo stated that while the number of connections could force those standards. make periodic inspections of all such connections cost Additionally, the National Electrical and Safety Code at prohibitive, inspections specifically targeted to connec- 3 tions of a particular age and location would not be as Section 214.A provides: burdensome. Id. at 12. Met Ed filed Exceptions to the A. When in service Initial Decision, specifically challenging the neutral con- nection monitoring requirements. 1. Initial compliance with rules The Commission upheld the ALJ’s initial decision to Lines and equipment shall comply with these safety dismiss Mr. Strickhouser’s claim because there was no rules when placed in service. record evidence for ‘‘industry standards for neutral con- 2. Inspection nection inspections and that such inspections have not been shown to be warranted to date.’’ Strickhouser, Lines and equipment shall be inspected at such inter- vals as experience has shown to be necessary. 1 A similar claim was made in Kelley v. PA Electric Co., Docket No. C-20066673, Initial Decision on Remand entered November 7, 2007. In that case, Administrative Law Judge Robert P. Meehan dismissed Mr. Kelley’s claim against PA Electric NOTE: It is recognized that inspections may be per- Company for failing to satisfy his burden of proof. formed in a separate operation or while performing other 2 A neutral connection is a wire that provides a return path to complete the flow of electricity so that all appliances can operate. Strickhouser, Docket No. C-20077273, duties, as desired. Intitial Decision entered July 16, 2007. A damaged neutral connection can cause an uneven flow of electricity that results in voltage fluctuations. Id. A bad neutral 3 66 Pa.C.S. § 2804(1)(ii) requires EDCs to comply with the National Electrical and connection can be caused by weather related oxidation. Luke Kelley v. PA Electric Co. Safety Code regarding the installation and maintenance of transmission and distribu- Docket No. C-2006673, Transcript dated September 6, 2007, p. 9. tion facilities.

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3. Tests 7. What incremental costs would the EDCs incur if required to comply with a neutral connection inspection When considered necessary, lines and equipment shall and maintenance program interval of no less than once be subjected to practical tests to determine required maintenance. every five years for every neutral connection in their service territory? 4. Record of defects 8. What additional costs would be incurred? Any defects affecting compliance with this Code re- vealed by inspection or tests, if not promptly corrected, 9. What costs would the EDCs incur if required to shall be recorded; such records shall be maintained until systematically replace a portion of their neutral connec- the defects are corrected. tions every year, such that all neutral connections would 5. Remedying defects be replaced on a rolling basis (perhaps every 20 years)? Lines and equipment with recorded defects that could 10. If a systematic replacement program were required, reasonably be expected to endanger life or property shall what would be the optimal replacement schedule and be promptly repaired, disconnected, or isolated. why?

The Electric Power Research Institute (EPRI) is con- 11. How many neutral connection failures have the ducting a Program entitled, 128 Distribution Systems and EDCs had per year in their service territories since 1995? is investigating how EDCs can best improve reliability What percentage of their overall customer base does this and system performance while dealing with the challenge represent? of an aging infrastructure and increasing customer de- mands for higher reliability and power quality. The EPRI 12. What have the EDCs paid over the past five years is studying, among other things, inspection and assess- annually in compensatory and/or punitive damages to ment of overhead distribution systems. The project aims customers who have had property damage and/or per- to build a component reliability dataset by addressing sonal injury due to failed neutral connections? components on an individual basis each year. In view of Section 2802(20) and the two recent cases 13. Whether standards should be placed in the regula- addressed by the Commission regarding neutral connec- tions which are specific to each individual EDC, or tions, and since the National Electrical Safety Code whether all EDCs should be held to the same standard, stresses the importance of the inspection and mainte- and how this would be monitored and regulated. nance of lines and equipment, a rulemaking proceeding is hereby initiated at this docket to consider revising 52 14. Whether there should be automatic civil penalties Pa. Code, Chapter 57, relating to electric distribution written into the regulations for failure to meet standards. reliability. 15. Can smart metering/AMI systems provide a means The Commission will be considering the establishment of identifying potential bad or failing neutral connections? of inspection, maintenance, repair and replacement stan- If so, what capabilities, specifications and communication dards regarding neutral connections under Chapter 57 of channels would be needed to incorporate such diagnostic the Pennsylvania Code. This advance notice solicits com- systems and at what incremental cost, if available? ments from electric distribution companies and other parties of interest. Due to the comprehensive nature of a rulemaking and Comments are requested on the following topics: the fact that there are no pre-existing inspection and maintenance or repair standards, interested parties will 1. Whether standards should be established by the be given 60 days from the date of publication of the Commission for inspection, maintenance, repair, and re- Advance Notice of Proposed Rulemaking in the Pennsyl- placement of neutral connections so as to avoid unreason- vania Bulletin for the submission of an original and 15 able appliance and other household or business damage to copies of comments and 90 days from the date of publica- consumers and to assure reasonably continuous electric tion to submit an original and 15 copies of reply com- service. Comments are requested on what, if any, those ments. Since the comment periods are ample, no exten- standards should be. sions will be granted for the filing of comments. An electronic copy of all comments should be electronically 2. What electric distribution companies’ internal in- mailed to Elizabeth Barnes at [email protected]. spection and maintenance procedures were in 1995, 2000, and 2007 regarding monitoring the failure rates of their This is an advance notice of proposed rulemaking and neutral connections, inspecting, maintaining, replacing is in addition to the normal rulemaking procedures for and repairing those neutral connections. publication and comment established under the act of July 31, 1968 (P. L. 769, No. 240), known as the Common- 3. What were the EDCs’ internal practices in 1995, wealth Documents Law. Therefore, 2000, and 2007 regarding the systematic replacement of neutral connections before they failed? It Is Ordered That, 4. Whether a bad neutral connection is visible to the 1. A rulemaking proceeding is hereby initiated at this naked eye from the ground as part of a visual inspection. docket to consider the revision of the regulations appear- If not, what steps would the EDC have to take to properly ing in 52 Pa. Code, Chapter 57, relating to neutral inspect a neutral connection? connection inspection and maintenance standards for 5. Are there limitations to the physical inspection of a electric distribution companies. neutral connection? If so, what are they? 2. An Advance Notice of Proposed Rulemaking regard- 6. How lengthy and complicated is a proper neutral ing revision of regulations appearing in 52 Pa. Code, connection inspection? Chapter 57, be published in the Pennsylvania Bulletin.

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3. Interested parties shall have 60 days from the date D. Background and Purpose of publication in the Pennsylvania Bulletin of the Advance Notice of Proposed Rulemaking to file written comments This proposed amendment clarifies the priority for and 90 days from the date of publication to file reply payment of a member’s death benefit in the event that comments. payment of the benefits cannot be made to a member’s designated beneficiary or estate. The amendment would 4. Comments should, where appropriate, address the enable consistent application of the statute and could 15 issues identified in this order and should include, avoid litigation of priority issues. where applicable, a numerical reference to the existing regulation(s) which the comment(s) address, proposed E. Benefits, Costs and Compliance language for revision, and a clear explanation for the Benefits recommendation. The proposed amendment is intended to alleviate confu- 5. Interested parties should file an original plus 15 sion and prevent possible disputes with regard to conflict- copies of each comment to the Secretary, Pennsylvania ing demands on members’ death benefits. Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. Costs 6. An electronic copy of the comments should be elec- There are no costs to the Commonwealth, its citizens or tronically mailed to Elizabeth Barnes, Assistant Counsel, State employees associated with this proposal. at [email protected], and these comments in turn will Compliance Costs be placed on the Commission’s website for public viewing at www.puc.state.pa.us. The proposed amendment is not expected to impose any additional compliance costs on State employees. 7. The contact persons for this rulemaking are Darren Gill (Bureau of Conservation, Economics and Energy F. Sunset Review Planning, (717) 783-5244 (technical) and Elizabeth A sunset review is not applicable. Barnes, Law Bureau, (717) 772-5408 (legal). JAMES J. MCNULTY, G. Regulatory Review Secretary Under section 5(a) of the Regulatory Review Act (act) [Pa.B. Doc. No. 08-1461. Filed for public inspection August 8, 2008, 9:00 a.m.] (71 P. S. § 745.5(a)), on July 25, 2008, the Board submit- ted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Finance Committee and the House State Government Committee. A copy of this material is avail- STATE EMPLOYEES’ able to the public upon request. Under section 5(g) of the act, IRRC may convey any RETIREMENT BOARD comments, recommendations or objections to the proposed [ 4 PA. CODE CH. 247 ] rulemaking within 30 days of the close of the public comment period. The comments, recommendations or Death Benefits objections must specify the regulatory review criteria which have not been met. The act specifies detailed The State Employees’ Retirement Board (Board) pro- procedures for review, prior to final publication of the poses to amend 4 Pa. Code, Chapter 247 (relating to rulemaking, by the Board, the General Assembly and the benefits) by adding language to § 247.7(a) (relating to Governor of comments, recommendations or objections death benefits) pertaining to the priority of death benefit raised. payments in the event the payments cannot be made to a designated beneficiary or the member’s estate. H. Public Comments A. Effective Date Written Comments. Interested persons are invited to submit comments regarding the proposed amendment to The proposed amendment will go into effect upon Robert Gentzel, Director of Communications and Policy, publication in the Pennsylvania Bulletin as a final-form State Employees’ Retirement System, 30 North Third rulemaking. Street, Suite 150, Harrisburg, PA 17101-1716. Comments B. Contact Person submitted by facsimile will not be accepted. The Board must receive comments, suggestions or objections within For further information contact Robert Gentzel, Direc- 30 days of publication in the Pennsylvania Bulletin. tor of Communications and Policy, State Employees’ Re- tirement System, 30 North Third Street, Suite 150, Electronic Comments. Comments may be submitted Harrisburg, PA 17101-1716, (717) 787-9657 or Salvatore electronically to the Board at [email protected] and A. Darigo, Jr., Counsel, State Employees’ Retirement must be received by the Board within 30 days of publica- System, 30 North Third Street, Suite 150, Harrisburg, PA tion in the Pennsylvania Bulletin. A subject heading of 17101-1716, (717) 783-7317. Information regarding sub- the proposal and a return name and address must be mitting comments on this proposal appears in Section H included in each transmission. If an acknowledgment of of this preamble. electronic comments is not received by the sender within C. Statutory Authority 2 working days, the comments should be retransmitted to ensure receipt. This proposed amendment is being promulgated under NICHOLAS J. MAIALE, the authority of 71 Pa.C.S. §§ 5902(h) and 5953 (relating Chairperson to administrative duties of the board; and taxation, attachment and assignment of funds) of the State Em- Fiscal Note: 31-12. No fiscal impact; (8) recommends ployees’ Retirement Code (Retirement Code). adoption.

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Annex A of the member, the entire amount of the death benefit shall be payable in the following sequential TITLE 4. ADMINISTRATION priority: PART X. STATE EMPLOYEES’ RETIREMENT (i) To the appointed executor or administrator of BOARD the deceased member. CHAPTER 247. BENEFITS (ii) To the surviving spouse of the member. § 247.7. Death benefits. (iii) To any child of the member. (a) Manner of payments. In the event [ no living ] the (iv) To the father or mother of the member. member does not designate a beneficiary before (v) To any sister or brother of the member. death or the designation is not valid for any reason (2) Payments made under paragraph (i)(iii), (iv) or no validly designated beneficiary survives the mem- or (v) shall be made to only one person and not ber by 30 days under 71 Pa.C.S. § 5709(c) (relating divided among members of the classes identified in to the payment of benefits) to receive any of the death those subparagraphs. Upon payment of a death benefits provided in [ section 5707 of ] the code [ (relat- benefit under this section, the System shall be ing to death benefits) ], [ such ] the benefits shall be discharged from any further liability for the pay- payable to the estate of the member [ or to the next of ment of the death benefits to any other person. A person to whom payment is made under this para- kin under 20 Pa.C.S. § 3101 (relating to payments to graph shall be answerable therefor to anyone family and funeral directors) ]. prejudiced by the payment. (1) If the estate of the member is entitled to ***** receive the member’s death benefits but does not [Pa.B. Doc. No. 08-1462. Filed for public inspection August 8, 2008, 9:00 a.m.] file a claim for the benefits within 60 days of the date SERS mails notice of the benefits to the estate

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4398 NOTICES sembly, repair, cleaning, modification and finishing pro- CAPITOL PRESERVATION cesses is required. A $100 deposit is required for issuance of project documents. Issue date of proposal will be COMMITTEE August 6, 2008, at 2 p.m. Mandatory preproposal confer- Request for Proposal ence and walk through will be held on August 14, 2008, at 10 a.m., convene in Room 630, Main Capitol. Proposal CPC 08.112: Lawrie Bronze Door investigation. receipt date is September 4, 2008, at 2 p.m. prevailing The scope of work includes disassembly, repair, cleaning, time. Project documents may be obtained in Room 630, reglazing of one set of art bronze doors, hardware, frame Main Capitol Building, Harrisburg, PA or by contacting and transom. The work also includes the modification of Tara Pyle (717) 783-6484. existing bronze sill and installation of new door closers RUTHANN HUBBERT-KEMPER, and pivot sets, with the provision for temporary wood Executive Director doors, frame, transom and hardware. Complete documen- [Pa.B. Doc. No. 08-1463. Filed for public inspection August 8, 2008, 9:00 a.m.] tation (comprehensive text narration augmented with supporting documentation and photographs) of the disas-

DEPARTMENT OF BANKING Actions on Applications The Department of Banking (Department), under the authority contained in the act of November 30, 1965 (P. L. 847, No. 356), known as the Banking Code of 1965; the act of December 14, 1967 (P. L. 746, No. 345), known as the Savings Association Code of 1967; the act of May 15, 1933 (P. L. 565, No. 111), known as the Department of Banking Code; and the act of December 9, 2002 (P. L. 1572, No. 207), known as the Credit Union Code, has taken the following action on applications received for the week ending July 29, 2008. BANKING INSTITUTIONS Consolidations, Mergers and Absorptions Date Name of Bank Location Action 7-25-2008 Embassy Bank for the Lehigh Valley, Bethlehem Filed Bethlehem, and Embassy Interim Bank, Bethlehem Surviving Institution: Embassy Interim Bank, Bethlehem, with name change to ‘‘Embassy Bank for the Lehigh Valley’’ Application filed in conjunction with the reorganization of Embassy Bank for the Lehigh Valley, Bethlehem, into a bank holding company form of business whereby Embassy Bank for the Lehigh Valley will become the wholly-owned subsidiary of Embassy Bancorp, Inc., a new holding company in formation.

Branch Applications Date Name of Bank Location Action 7-22-2008 ESB Bank 831 Evans City Road Filed Ellwood City Connoquenessing Township Lawrence County Renfrew Butler County 7-22-2008 Northwest Savings Bank 5835 Forbes Avenue Opened Warren Pittsburgh Warren County Allegheny County 7-24-2008 Fidelity Savings Bank 5000 Centre Avenue Approved Pittsburgh Pittsburgh Allegheny County Allegheny County 7-24-2008 First Commonwealth Bank Grant Street and Oliver Avenue Approved Indiana Pittsburgh Indiana County Allegheny County 7-24-2008 PeoplesBank, A Codorus Valley 124 North Main Street Approved Company Bel Air York Harford County, MD York County

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Branch Relocations Date Name of Bank Location Action 7-24-2008 First Commonwealth Bank To: 3045 US Route 30 West Approved Indiana Latrobe Indiana County Westmoreland County From: 3954 US Route 30 West Latrobe Westmoreland County 7-24-2008 First Commonwealth Bank To: 8291 SR 22 Approved Indiana New Alexandria Indiana County Westmoreland County From: 412 West Main Street New Alexandria Westmoreland County Branch Discontinuances Date Name of Bank Location Action 7-24-2008 Graystone Bank 37 North Market Street Approved Lancaster Frederick Lancaster County Frederick County, MD SAVINGS INSTITUTIONS No activity. CREDIT UNIONS No activity. The Department’s web site at www.banking.state.pa.us includes public notices for more recently filed applications. STEVEN KAPLAN, Secretary [Pa.B. Doc. No. 08-1464. Filed for public inspection August 8, 2008, 9:00 a.m.]

wealth, to aid in restoring employment in communities DEPARTMENT OF affected by unemployment, and to assist persons, firms, associations, political subdivisions, corporations, coopera- COMMUNITY AND tive associations and other organizations to assist various public safety, recreation, senior citizens or other commu- ECONOMIC DEVELOPMENT nity service organizations. Fiscal Year 2008-09 Grant Program for Destination Assistance from the Pennsylvania Tourism Office is in Marketing Organizations the form of grants from the Commonwealth to eligible applicants for projects which conform to the eligibility The Department of Community and Economic Develop- criteria detailed in the program guidelines. ment announces the availability of guidelines for the Applications and requests for guidelines should be Fiscal Year 2008-09 Grant Program for Destination Mar- directed to Department of Community and Economic keting Organizations. This program administered by the Development, Customer Service Center, Commonwealth Pennsylvania Tourism Office provides grants to support Keystone Building, 400 North Street, Fourth Floor, Har- tourism promotion and marketing for eligible Tourism risburg, PA 17120-0225, (800) 379-7448, ra-dcedcs@state. Promotion Agencies and other Tourism Destination Mar- pa.us. keting Organizations. These supported activities will en- courage the prosperous development of Pennsylvania DENNIS YABLONSKY, business, industry and commerce, to expand markets and Secretary promote and develop new markets for Pennsylvania tour- [Pa.B. Doc. No. 08-1465. Filed for public inspection August 8, 2008, 9:00 a.m.] ism, encouraging the location and development of new business, industry and commerce within the Common-

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4400 NOTICES DEPARTMENT OF ENVIRONMENTAL PROTECTION Applications, Actions and Special Notices

APPLICATIONS THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT APPLICATIONS FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS AND WATER QUALITY MANAGEMENT (WQM) PERMITS This notice provides information about persons who have applied for a new, amended or renewed NPDES or WQM permit, a permit waiver for certain stormwater discharges or submitted a Notice of Intent (NOI) for coverage under a general permit. The applications concern, but are not limited to, discharges related to industrial, animal or sewage waste, discharges to groundwater, discharges associated with municipal separate storm sewer systems (MS4), stormwater associated with construction activities or concentrated animal feeding operations (CAFOs). This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92 and 40 CFR Part 122, implementing The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean Water Act. Location Permit Authority Application Type or Category Section I NPDES Renewals Section II NPDES New or amendment Section III WQM Industrial, sewage or animal waste; discharge into groundwater Section IV NPDES MS4 individual permit Section V NPDES MS4 permit waiver Section VI NPDES Individual permit stormwater construction Section VII NPDES NOI for coverage under NPDES general permits For NPDES renewal applications in Section I, the Department of Environmental Protection (Department) has made a tentative determination to reissue these permits for 5 years subject to effluent limitations and monitoring and reporting requirements in their current permits, with appropriate and necessary updated requirements to reflect new and changed regulations and other requirements. For applications for new NPDES permits and renewal applications with major changes in Section II, as well as applications for MS4 individual permits and individual stormwater construction permits in Sections IV and VI, the Department, based upon preliminary reviews, has made a tentative determination of proposed effluent limitations and other terms and conditions for the permit applications. These determinations are published as proposed actions for comments prior to taking final actions. Unless indicated otherwise, the Environmental Protection Agency (EPA) Region III Administrator has waived the right to review or object to proposed NPDES permit actions under the waiver provision in 40 CFR 123.24(d). Persons wishing to comment on an NPDES application are invited to submit a statement to the regional office noted before an application within 30 days from the date of this public notice. Persons wishing to comment on a WQM permit application are invited to submit a statement to the regional office noted before the application within 15 days from the date of this public notice. Comments received within the respective comment periods will be considered in the final determinations regarding the applications. Comments should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based. The Department will also accept requests for a public hearing on applications. A public hearing may be held if the responsible office considers the public response significant. If a hearing is scheduled, a notice of the hearing will be published in the Pennsylvania Bulletin and a newspaper of general circulation within the relevant geographical area. The Department will postpone its final determination until after a public hearing is held. Persons with a disability who require an auxiliary aid, service, including TDD users, or other accommodations to seek additional information should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

I. NPDES Renewal Applications

Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA-0061611 Municipal Authority of Westfall Westfall Township Delaware River Y (Minor Sewage) Township Pike County 1D P. O. Box 235 Montrose, PA 18336

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NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA-0061204 Kidder Township Carbon County Shingle Mill Run Y Renewal Split Rock WWTP Kidder Township HQ-CWF State Road 1003 2A P. O. Box 576 Lake Harmony, PA 18624

Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA0008435 PPL Holtwood, LLC Lancaster County Susquehanna River Y (IW) Holtwood Hydroelectric Station Martic Township 7K 482 Old Holtwood Road Holtwood, PA 17532-9720 PA0084174 Covance Research Products, Inc. Lancaster County UNT Cocalico Creek Y (Sew) 310 Swampbridge Road West Cocalico Township 7J Denver, PA 17517

Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA0209267 Stotlzfus Farms, Inc. Shippen Township UNT to Stowell Run Y Small Flow Treatment Facility Tioga County 9A 2620 Egypt Road Norristown, PA 19403

Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA0239089 Joshua S. Wendel City of St. Marys UNT to Trout Run Y 1237 East Eschbach Road Elk County 17-A St. Marys, PA 15857 PA0210803 Star Route Estates MHP East Mead Township UNT to Little Sugar Y 2182 Beulah Road Crawford County Creek Pittsburgh, PA 15235-5023 16-D PA0222810 E. Kay Cumberledge Connoquenessing Little Connoquenessing Y P. O. Box 404 Township Creek Evans City, PA 16033 Butler County 20-C PA0103551 Historical and Museum Cherrytree Township Oil Creek Y Commission Venango County 16-E Drake Well Museum 202 Museum Lane Titusville, PA 16364 PA0210781 Hamlin Township Hamlin Township Marvin Creek Y P. O. Box 235 McKean County 16-C Hazel Hurst, PA 16733-0235 PA0222607 David Q. Steele Wilcox Township UNT to the East Y 3462 Glen Hazel Road Elk County Branch Clarion River Wilcox, PA 15870 17-A PA0222585 Brokenstraw Valley Area Pleasant Township Allegheny River Y Authority Warren County 16-B 770 Rouse Avenue Youngsville, PA 16371 PA0090590 Port O’Call Recreational Penn Township UNT to Glade Run Y Club, Inc. Butler County 20-C 108 Bay Street Butler, PA 16002-4012

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II. Applications for New or Expanded Facility Permits, Renewal of Major Permits and EPA Nonwaived Permit Applications Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401. PA0050776, Sewage, SIC 6515, Coventry Terrace MHP, LLC, 10006 Hammock Bend, Chapel Hill, NC 27517. This proposed facility is located in East Coventry Township, Chester County. Description of Proposed Activity: Renewal of existing NPDES Permit to discharge 31,500 gpd treated sewage to Pigeon Creek. The receiving stream, Pigeon Creek, is in the State Water Plan Watershed 3D and is classified for: HQ-TSF. The proposed effluent limits for Outfall 001 are based on a design flow of 31,500 gpd. Concentration (mg/l) Average Maximum Instantaneous Parameters Monthly Daily Maximum (mg/l)

CBOD5 (5-1 to 10-31) 15 30 (11-1 to 4-30) 25 50 Total Suspended Solids 30 60 Ammonia as N (5-1 to 10-31) 3.0 6.0 (11-1 to 4-30) 9.0 18.0 Dissolved Oxygen 2.0 minimum Fecal Coliform 200 #/100 ml 1,000 #/100 ml pH (Standard Units) 6.0 minimum 9.0 Total Residual Chlorine 0.1 0.3 In addition to the effluent limits, the permit contains the following major special conditions: 1. Abandon STP. 2. Remedial Measure if Public Nuisance. 3. No Stormwater. 4. Necessary Property Rights. 5. Change in Ownership. 6. Minimize Cl2. 7. Proper Sludge Disposal. 8. 2/Month Monitoring. 9. Laboratory Certification. PA0050474, Sewage, SIC 4952, Warwick Drainage Company, 3441 Saint Peters Road, Saint Peters, PA 19470. This proposed facility is located in Warwick Township, Chester County. Description of Proposed Activity: Renewal of an existing NPDES permit to discharge treated sewage from a sewage treatment plant. The receiving stream, French Creek, is in the State Water Plan Watershed 3D and is classified for: exceptional value. The proposed effluent limits for Outfall 001 are based on a design flow of 13,500 gpd. Concentration (mg/l) Average Maximum Instantaneous Parameters Monthly Daily Maximum (mg/l)

CBOD5 20 40 Total Suspended Solids 25 50 Ammonia as N 20 40 Dissolved Oxygen 3.0 minimum Total Residual Chlorine Non Detect Non Detect Fecal Coliform 200 colonies/100 ml as a Geometric Mean pH Within 6.0 to 9.0 Standard Units

In addition to the effluent limits, the permit contains the following major special conditions: 1. Abandon STP When Municipal Sewers Available. 2. Remedial Measures if Public Nuisance. 3. Non Detectable Chlorine.

Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. PA-0062341, Sewage, Aqua Pennsylvania, Inc., 762 West Lancaster Avenue, Bryn Mawr, PA 19010-3489. This existing facility is located in Lackawaxen Township, Pike County. Description of Proposed Activity: Renewal of NPDES permit for the discharge of treated sewage, with addition of effluent limits for Total Phosphorus.

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The receiving stream, Teedyuskung Creek, is in the State Water Plan Watershed No. 01B and is classified for: HQ, CWF, MF, aquatic life, water supply and recreation. The nearest downstream public water supply intake for Stroudsburg/East Stroudsburg is located on the Delaware River.

The proposed effluent limits for Outfall 001 are based on a design flow of 0.15 mgd. Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 15.0 30.0 Total Suspended Solids 30.0 60.0 NH3-N (5-1 to 10-31) 3.0 6.0 (11-1 to 4-30) 9.0 18.0 Total Phosphorus 2.0 4.0 Dissolved Oxygen A minimum of 7.0 mg/l at all times. Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean pH 6.0 to 9.0 Standard Units at all times. Total Residual Chlorine 0.20 0.46 NO2 +NO3 as N 14.0 28.0 The EPA waiver is in effect.

Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707. Application No. PA 0070190, Sewage, Allegheny East Conference, P. O. Box 266, Pine Forge, PA 19548. This facility is located in Douglass Township, Berks County. Description of activity: The application is for renewal of an NPDES permit for an existing discharge of treated sewage. The receiving stream, Maxatawny Creek, is in Watershed 3-D, and classified for CWF, water supply, recreation and fish consumption. The nearest downstream public water supply intake for Pennsylvania American Water System is located on the Schuylkill River, approximately 23 miles downstream. The discharge is not expected to affect the water supply. The proposed effluent limits for Outfall 001 for a design flow of 0.0342 mgd are: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 25 50 Total Suspended Solids 30 60 NH3-N 20 40 Total Residual Chlorine 0.5 1.6 Dissolved Oxygen Minimum of 5.0 at all times pH From 6.0 to 9.0 inclusive Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Average (10-1 to 4-30) 2,000/100 ml as a Geometric Average

In addition to the effluent limits, the permit contains the following major special conditions: Persons may make an appointment to review the Department of Environmental Protection’s files on this case by calling the file review coordinator at (717) 705-4732. The EPA waiver is in effect.

Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701. PA0228966, SIC 4952, Keith Bonin, R. R. 1, Rome, PA 18837. This proposed facility will be located in Orwell Township, Bradford County.

Description of Proposed Activity: The applicant proposes a new wastewater treatment system to serve the 292 unit Lake Bonin Campground recreational vehicle park.

The receiving stream, UNT to Jerome Creek, is in the State Water Plan Watershed 4D and is classified for: CWF. The nearest downstream public water supply intake, for the Danville Borough Municipal Authority, is located on the Susquehanna River and is 139 miles below the point of discharge.

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The proposed effluent limits for Outfall 001 are based on a design flow of 0.07 mgd. Average Instantaneous Discharge Parameter Monthly (mg/l) Maximum (mg/l) pH 6.0 to 9.0 at all times Fecal Coliforms (5-1 to 9-30) 200/100 ml as a Geometric Mean and not greater than 1,000/100 ml in more than 10% of the samples tested (10-1 to 4-30) 2,000/100ml as a Geometric Mean CBOD5 25 50 Total Suspended Solids 30 60 Total Residual Chlorine 0.5 1.6 Ammonia-N (5-1 to 10-31) 10 20 (11-1 to 4-30) 25 50 Dissolved Oxygen 3.0 as a minimum PA#0233561, SIC 4952, Pine Air Mobile Home Park, 9455 Old Erie Pike, Clearfield, PA 16930. This proposed action is for issuance of an NPDES permit for discharge of treated sewage to a UNT to Morgan Run in Boggs Township, Clearfield County. The receiving stream is in Watershed 8C Clearfield and is classified for the following uses: CWF and aquatic life, water supply and recreation.

For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the downstream potable water supply considered during the evaluation is Reliant Energy located at Shawville. Outfall 001: The proposed effluent limits, based on a design flow of 0.003 mgd. Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 25 50 Suspended Solids 30 60 Total Chlorine Residual 1.0 2.3 Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Average (10-1 to 4-30) 2,000/100 ml as a Geometric Average pH 6.0 to 9.0 Standard Units at all times. The EPA waiver is in effect. NPDES Public Notice

Southwest Regional Office: Regional Manager, Water Management, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4000. PA0216216, Sewage, Burgettstown Smith Township Joint Sewage Authority, 100 Plaza Drive, Suite 103, Atlasburg, PA 15004. This application is for renewal of an NPDES permit to discharge treated sewage from Raccoon Creek Wastewater Treatment Plant in Smith Township, Washington County. The following effluent limitations are proposed for discharge to the receiving waters, known as Raccoon Creek, which are classified as a WWF with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Midland Borough Water Authority located on the Ohio River. Outfall 001: existing discharge, design flow of 0.8 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum

CBOD5 25 37.5 50 Suspended Solids 30 45 60 Ammonia Nitrogen (6-1 to 10-31) 3.0 4.5 6.0 (11-1 to 5-31) 7.0 10.5 14.0 Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean pH not less than 6.0 nor greater than 9.0

The EPA waiver is in effect. PA0217361, Sewage, East Huntingdon Township, 1494 Route 981, Alverton, PA 15612-0009. This application is for renewal of an NPDES permit to discharge treated sewage from Iron Bridge Wastewater Treatment Plant in East Huntingdon Township, Westmoreland County.

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The following effluent limitations are proposed for discharge to the receiving waters, known as Jacobs Run, which are classified as a WWF with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Westmoreland County Municipal Authority. Outfall 001: existing discharge, design flow of 0.25 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum

CBOD5 (5-1 to 10-31) 15 30 (11-1 to 4-30) 30 60 Suspended Solids 30 60 Ammonia Nitrogen (5-1 to 10-31) 6 12 (11-1 to 4-30) 18 36 Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean Total Residual Chlorine 0.5 1.6 Dissolved Oxygen not less than 5 mg/l pH not less than 6.0 nor greater than 9.0

The EPA waiver is in effect. PA0218006, Sewage, Conemaugh Township Municipal Water and Sewer Authority, 16980 Route 286 Highway West, Saltsburg, PA 15681-8023. This application is for renewal of an NPDES permit to discharge treated sewage from Blacklegs Sewage Treatment Plant in Conemaugh Township, Indiana County. The following effluent limitations are proposed for discharge to the receiving waters, known as Blacklegs Creek, which are classified as a CWF with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Buffalo Township Municipal Authority—Freeport. Outfall 001: existing discharge, design flow of 0.08755 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum

CBOD5 25 50 Suspended Solids 30 60 Ammonia Nitrogen (5-1 to 10-31) 15.0 30.0 Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean pH not less than 6.0 nor greater than 9.0

The EPA waiver is in effect. PA0219142, Sewage, Municipal Sewage Authority of the Township of Sewickley, P. O. Box 46, Herminie, PA 15637. This application is for renewal of an NPDES permit to discharge treated sewage from Sewickley Township Municipal Sewage Authority STP in Sewickley Township, Westmoreland County. The following effluent limitations are proposed for discharge to the receiving waters, known as Little Sewickley Creek, which are classified as a TSF with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Westmoreland County Municipal Authority, McKeesport Plant, on the Youghiogheny River. Outfall 001: existing discharge, design flow of 0.44 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum

CBOD5 (5-1 to 10-31) 20 30 40 (11-1 to 4-30) 25 37.5 50 Suspended Solids 30 45 60 Ammonia Nitrogen (5-1 to 10-31) 5.0 7.5 10.0 (11-1 to 4-30) 15.0 22.5 30.0

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Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean Dissolved Oxygen not less than 3.0 mg/l pH not less than 6.0 nor greater than 9.0

The EPA waiver is in effect. PA0252441, Sewage, AMFIRE Mining Company, LLC, One Energy Place, Latrobe, PA 15650-9628. This application is for renewal of an NPDES permit to discharge treated sewage from Ondo Deep Mine STP in Brush Valley Township, Indiana County. The following effluent limitations are proposed for discharge to the receiving waters, known as Ferrier Run Via Culvert Under Township Road, which are classified as a CWF with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Central Indiana County Water Authority on Yellow Creek. Outfall 001: existing discharge, design flow of 0.001925 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum

CBOD5 25 50 Suspended Solids 30 60 Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Mean (10-1 to 4-30) 2,000/100 ml as a Geometric Mean Total Residual Chlorine Monitor and Report pH not less than 6.0 nor greater than 9.0

The EPA waiver is in effect.

Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481. PA0240206, Sewage, Ronald L. Cokain, 34789 Tryonville Road, Townville, PA 16360. This proposed facility is located in Steuben Township, Crawford County. Description of Proposed Activity: New NPDES permit for a discharge of treated sewage.

For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride, phenolics, sulfate and chloride, the existing/proposed downstream potable water supply, considered during the evaluation is the Cambridge Springs Borough is located on French Creek and is approximately 20.0 miles below point of discharge. The receiving stream, the UNT to Muddy Creek, is in Watershed 16-A and classified for: HQ, CWF, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001 are based on a design flow of 0.0004 mgd. Concentrations Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l) Flow XX CBOD5 10 20 Total Suspended Solids 20 40 Fecal Coliform (5-1 to 9-30) 200/100 ml as a Geometric Average pH 6.0 to 9.0 Standard Units at all times

XX—Monitor and Report on monthly DMRs. The EPA waiver is in effect. PA0240176, Sewage, Karen and Roger D. Summerlin, 641 Clermont Road, Mt. Jewett, PA 16740-2213. This proposed facility is located in Hamlin Township, McKean County. Description of Proposed Activity: permit for a new treated nonmunicipal sewage discharge from a single-residence.

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The receiving water is the Warner Brook. The receiving stream is in State Water Plan 16-C and is classified for the following uses: HQ-CWF, aquatic life, water supply and recreation. The nearest downstream potable water supply, PA/NY border, is located approximately 37.22 miles below the point of discharge. The proposed effluent limits for Outfall 001 are based on a design flow of 0.0004 mgd. Concentrations Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l) Flow XX CBOD5 10 20 Total Suspended Solids 10 20 Fecal Coliform 200/100 ml as a Geometric Average Ultraviolet Light XX pH 6.0 to 9.0 Standard Units at all times

XX—Monitor and Report. The EPA waiver is in effect.

III. WQM Industrial Waste and Sewerage Applications under The Clean Streams Law (35 P. S. §§ 691.1— 691.1001)

Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. WQM Permit No. 3908403, Sewerage, Lehigh County Authority, 1053 Spruce Street, Allentown, PA 18106-0348. This proposed facility is located in Weisenberg Township, Lehigh County. Description of Proposed Action/Activity: This project involves the upgrade of the existing wastewater treatment plant to increase capacity from 12,000 gpd to 40,000 gpd. The upgraded WWTP will treat wastewater flows from existing Arcadia West Industrial Park, the proposed West Hill Business Center and the Bandit Truck Stop. Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707. WQM Permit No. 3608202, Industrial Waste, PPL Holtwood, LLC, Holtwood Electric Plant, 2 North 9th Street, Allentown, PA 18101. This proposed facility is located in Martic Township, Lancasater County. Description of Proposed Action/Activity: Relocation of Incidental Waste Treatment basin (temporary and permanent) due to expansion of hydroelectric generating project (new power station). Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701. WQM Permit No. 0808401, Sewerage, SIC 4952, Keith Bonin, R. R. 1, Rome, PA 18837. This proposed facility will be located in Orwell Township, Bradford County. Description of Proposed Action/Activity: The applicant proposes a new wastewater treatment system to serve the 292 unit Lake Bonin Campground recreational vehicle park. The system will consist of the existing 19 septic tanks, the existing collection system, the existing equalization basin, a proposed dosing chamber, a proposed surface sand filter, proposed erosion chlorination and a proposed chlorine contact tank. Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481. WQM Permit No. 4208404, Sewerage, USDA Forest Service, Allegheny National Forest, P. O. Box 847, 222 Liberty Street, Warren, PA 16365. This proposed facility is located in Corydon Township, McKean County. Description of Proposed Action/Activity: This project documents the existing wastewater collection and treatment facilities known as the North Central Lagoon, for the purpose of obtaining a Pennsylvania Water Quality Management Permit (Part II Permit). The North Central Lagoon was constructed in 1976 to serve two purposes: To treat sewage pumped from vault toilets and holding tanks at National Forest recreation areas around the Allegheny Reservoir and to treat wastewater from the adjacent Bradford Ranger Station. WQM Permit No. 2008401, Sewerage, Ronald L. Cokain, 34789 Tryonville Road, Townville, PA 16360. This proposed facility is located in Steuben Township, Crawford County. Description of Proposed Action/Activity: The proposed project is the construction of a Single-Residence Sewage Treatment Plant, to replace a malfunctioning in-ground septic system. WQM Permit No. 2408401, Sewerage, USDA Forest Service, Allegheny National Forest, P. O. Box 847, 222 Liberty Street, Warren, PA 16365. This proposed facility is located in Jones Township, Elk County. Description of Proposed Action/Activity: The treatment system and spray irrigation field are located on a hilltop adjacent to the Twin Lakes Recreation Area, and encompass about 2/5 acres. Twin Lakes Recreation Area covers about 60 acres and includes 51 campsites, trailer dump station, two group camping areas, a picnic area, swimming beach and hiking trails. The wastewater system includes gravity and pressure sewage collection systems and an aerated lagoon treatment system with spray irrigation disposal.

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IV. NPDES Applications for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)

V. Applications for NPDES Wavier Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)

VI. NPDES Individual Permit Applications for Discharges of Stormwater Associated with Construction Activities Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. Luzerne County Conservation District: Smith Pond Road, Lehman, PA 18627-0250, (570) 674-7991. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI024008001 Aqua Pennsylvania, Inc. Luzerne Bear Creek Township Mud Run Attn: Roswell McMullen HQ-CWF 4 South Fourth Street P. O. Box 32 Reading, PA 19603 Pike County Conservation District: HC 6, Box 6770, Hawley, PA 18428, (570) 226-8220. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI025208010 Nickles Realty, Inc. Pike Dingman Township Raymondskill Creek 104 Bennet Plaza HQ-CWF Suite 1A Milford, PA 18337 Lehigh County Conservation District: Lehigh Agricultural Center, Suite 102, 4184 Dorney Park Road, Allentown, PA 18104, (610) 391-9583. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI023908017 Ralph Handwerk Lehigh Lowhill Township Hassen Creek 2717 North Lane HQ-CWF, MF Orefield, PA 18069 Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481. Butler County Conservation District: 122 McCune Drive, Butler, PA 16001-6501, (724) 284-5270. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI061008001 Forward Development Services, Butler Lancaster Township UNT Scholars Run LLP WWF 3910 Route 8 Allison Park, PA 15101

VII. List of NOIs for NPDES and/or Other General Permit Types PAG-12 Concentrated Animal Feeding Operations (CAFOs) PAG-13 Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)

CAFO Notices of Intent Received PUBLIC WATER SUPPLY (PWS) PERMIT Northwest Region: Water Management Program Man- Under the Pennsylvania Safe Drinking Water Act (35 ager, 230 Chestnut Street, Meadville, PA 16335-3481. P. S. §§ 721.1—721.17), the following parties have applied for a PWS permit to construct or substantially modify a WQM Permit No. 2008201, CAFO Operation, SIC public water system. 0241, Bortnick Dairy, LLC, 21820 Palmer Road, Con- neautville, PA 16406. This proposed facility is located in Persons wishing to comment on a permit application Beaver Township, Crawford County. are invited to submit a statement to the office listed before the application within 30 days of this public notice. Description of Proposed Action/Activity: Bortnick Dairy, Comments received within the 30-day comment period an existing dairy farm, applied for of a Water Quality will be considered in the formulation of the final determi- Management permit for the construction and operation of nations regarding the application. Comments should in- an anaerobic digester to produce methane, which will be clude the name, address and telephone number of the used as fuel in an electrical generator for the purpose of writer and a concise statement to inform the Department powering farm operations. The digester will consist of two of Environmental Protection (Department) of the exact 625,000 gallon reinforced concrete tanks. basis of a comment and the relevant facts upon which it

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4409 is based. A public hearing may be held after consideration Description of Action The addition of wells Nos. 2 and of comments received during the 30-day public comment 3, disinfection, and a 0.3 million period. gallon storage tank to serve a Following the comment period, the Department will new hotel and waterpark. make a final determination regarding the proposed per- Southcentral Region: Water Supply Management Pro- mit. Notice of this final determination will be published gram Manager, 909 Elmerton Avenue, Harrisburg, PA in the Pennsylvania Bulletin at which time this determi- 17110. nation may be appealed to the Environmental Hearing Board. Permit No. 0608505, Public Water Supply. Applicant Borough of Bally The permit application and any related documents are on file at the office listed before the application and are Municipality Bally Borough available for public review. Arrangements for inspection County Berks and copying information should be made with the office listed before the application. Responsible Official Leo Mutter Borough Council President Persons with a disability who require an auxiliary aid, 425 Chestnut Street service or other accommodations to participate during the Bally, PA 19503 30-day public comment period should contact the office Type of Facility Public Water Supply listed before the application. TDD users should contact the Department through the Pennsylvania AT&T Relay Consulting Engineer Michael F. Bedard, P. E. Service at (800) 654-5984. ARCADIS U.S., Inc. 6 Terry Drive SAFE DRINKING WATER Newtown, PA 18940 Application Received May 8, 2008 Applications Received under the Pennsylvania Safe Drinking Water Act Description of Action Permit for new Well source No. 4 and associated treatment facilities. Southeast Region: Water Supply Management Program Manager, 2 East Main Street, Norristown, PA 19401. Application No. 2808505, Minor Amendment, Pub- lic Water Supply. Application No. 1508507, Public Water Supply. Applicant Trickling Springs Creamery Applicant Water Water Works, Inc. Municipality Guilford Township Township Warwick County Franklin County Chester Responsible Official Fred D. Rodes Responsible Official Richard Orlow General Manager 1345 Hares Hill Road 2330 Molly Pitcher Highway, Phoenixville, PA 19460 South Type of Facility PWS Chambersburg, PA 17201 Consulting Engineer Earth Companies Type of Facility Public Water Supply 1345 Hill Road Consulting Engineer Janet R. McNally, P. E. Phoenixville, PA 19460 William F. Hill & Assoc., Inc. Application Received May 9, 2008 207 Baltimore Street Date Gettysburg, PA 17325 Description of Action The construction of a 153,00 Application Received July 7, 2008 gallon storage tank. Description of Action Installation ofa1micron filter and disinfection. Northeast Region: Water Supply Management Program, 2 Public Square, Wilkes-Barre, PA 18711-0790. Southwest Region: Water Supply Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222- Application No. 4508502, Public Water Supply. 4745. Applicant CB H2O, LP Permit No. 5608503A1, Public Water Supply. Pocono Township Applicant Borough of Somerset Monroe County 340 West Union Street Responsible Official Arthur Berry III, Manager Somerset, PA 15501 CB H2O, LP Township or Borough Somerset Borough P. O. Box 168 Responsible Official Benedict Vinzani Tannersville, PA 18372 Borough of Somerset Type of Facility Public Water System 340 West Union Street Consulting Engineer RKR Hess Associates, Inc. Somerset, PA 15501 112 North Courtland Street Type of Facility Water treatment plant East Stroudsburg, PA Consulting Engineer The EADS Group, Inc. Application Received July 15, 2008 1126 Eighth Avenue Date Altoona, PA 16602

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Application Received July 9, 2008 shall not be subject to citizen suits or other contribution Date actions brought by responsible persons not participating in the remediation. Description of Action Amendment to construction permit number 5608503. Under sections 304(n)(1)(ii) and 305(c)(2) of the act, Addition of chlorination there is a 30-day public and municipal comment period disinfection facilities at their for sites proposed for remediation using a Site-Specific proposed chemical feed building. Standard, in whole or in part, and for sites remediated as MINOR AMENDMENT a special industrial area. This period begins when a summary of the Notice of Intent to Remediate is pub- Northeast Region: Water Supply Management Program, lished in a newspaper of general circulation in the area of 2 Public Square, Wilkes-Barre, PA 18711-0790. the site. For the sites identified, proposed for remediation Application, Minor Amendment, Public Water Sup- to a Site-Specific Standard or as a special industrial area, ply. the municipality within which the site is located may request to be involved in the development of the remedia- Applicant Edward A. Freeman, II tion and reuse plans for the site if the request is made Tunkhannock Township within 30 days of the date specified. During this comment Wyoming County period, the municipality may request that the person identified as the remediator of the site develop and Responsible Official Edward A. Freeman, II implement a public involvement plan. Requests to be R. R. 1 involved and comments should be directed to the Box 160-37 remediator of the site. Dallas, PA 18612 (570) 836-1437 For further information concerning the content of a Type of Facility Community Water System Notice of Intent to Remediate, contact the environmental cleanup program manager in the Department regional Consulting Engineer NA office before which the notice appears. If information Application Received July 1, 2008 concerning this acknowledgment is required in an alter- Date native form, contact the community relations coordinator Description of Action Application for transfer of at the appropriate regional office. TDD users may tele- ownership of the community phone the Department through the AT&T Relay Service water system serving Mount Airy at (800) 654-5984. Estates. The Department has received the following Notices of LAND RECYCLING AND Intent to Remediate: ENVIRONMENTAL REMEDIATION Southeast Region: Environmental Cleanup Program Manager, 2 East Main Street, Norristown, PA 19401. UNDER ACT 2, 1995 PREAMBLE 1 Haven Peniel Senior Citizen Residence, City of Philadelphia, Philadelphia County. William G. Murray, Acknowledgment of Notices of Intent to Remediate URS Corporation, 335 Commerce Drive, Suite 300, Fort Submitted under the Land Recycling and Envi- Washington, PA 19034 on behalf of Faye Wilson, Haven ronmental Remediation Standards Act (35 P. S. Penile Development Corporation, 2301 West Oxford §§ 6026.101—6026.908). Street, Philadelphia, PA 19121 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted with the release of lead, PAH. The intended use of the Sections 302—305 of the Land Recycling and Environ- property is residential. mental Remediation Standards Act (act) require the Department of Environmental Protection (Department) to Southcentral Region: Environmental Cleanup Program publish in the Pennsylvania Bulletin an acknowledgment Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. noting receipt of Notices of Intent to Remediate. An acknowledgment of the receipt of a Notice of Intent to John F. Lengel, Inc., Lower Heidelberg Township, Remediate is used to identify a site where a person Berks County. Liberty Environmental, Inc., 10 North proposes to, or has been required to, respond to a release Fifth Street, Suite 200, Reading, PA 19601, on behalf of of a regulated substance at a site. Persons intending to John F. Lengel, Inc., 6841 Penn Avenue, Wernersville, PA use the Background Standard, Statewide Health Stan- 19565, submitted a Notice of Intent to Remediate site dard, the Site-Specific Standard or who intend to remedi- soils contaminated by a release of No. 2 fuel oil. The ate a site as a special industrial area must file a Notice of property is a fuel oil dealer and will remain so in the Intent to Remediate with the Department. A Notice of future. The applicant is seeking to remediate to the Intent to Remediate filed with the Department provides a Statewide Health Standard. brief description of the location of the site, a list of known or suspected contaminants at the site, the proposed Mount Union Creosote Site AOC-1, Mount Union remediation measures for the site and a description of the Borough, Huntingdon County. Environmental Alliance, intended future use of the site. A person who demon- Inc., 1812 Newport Gap Pike, Wilmington, DE 19808, on strates attainment of one, a combination of the cleanup behalf of Mount Union School Area School District, 28 standards or who receives approval of a special industrial West Market Street, Mount Union, PA 17066, submitted a area remediation identified under the act will be relieved Notice of Intent to Remediate site soils and groundwater of further liability for the remediation of the site for any contaminated with PAHs. Future use of the site will be contamination identified in reports submitted to and for recreational activities. The site will be remediated to approved by the Department. Furthermore, the person the Site-Specific Standard.

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OPERATE WASTE PROCESSING OR DISPOSAL permit. Comments or protests filed with the Department AREA OR SITE regional offices must include a concise statement of the objections to the issuance of the Plan approval or operat- Application submitted under the Solid Waste Man- ing permit and relevant facts which serve as the basis for agement Act (35 P. S. §§ 6018.101—6018.1003), the the objections. If the Department schedules a hearing, a Municipal Waste Planning, Recycling and Waste notice will be published in the Pennsylvania Bulletin at Reduction Act (53 P. S. §§ 4000.101—4000.1904) least 30 days prior the date of the hearing. and Regulations to Operate Solid Waste Process- ing or Disposal Area or Site. Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation Northcentral Region: Regional Solid Waste Manager, to participate should contact the regional office identified 208 West 3rd Street, Suite 101, Williamsport, PA 17701- before the application. TDD users should contact the 6448. Department through the Pennsylvania AT&T Relay Ser- vice at (800) 654-5984. Final plan approvals and operat- Permit Application No. 100963. County of Lycoming, ing permits will contain terms and conditions to ensure 48 West Third Street, Williamsport, PA 17701. The that the source is constructed and operating in compli- application for the expansion of the Lycoming County ance with applicable requirements in 25 Pa. Code Chap- Landfill in Brady Township, Lycoming County,was ters 121—143, the Federal Clean Air Act (act) and deemed administratively complete on July 23, 2008, by regulations adopted under the act. the Williamsport Regional Office. A Local Municipal In- volvement Process (LMIP) meeting was held on July 2, PLAN APPROVALS 2008, and at that time an alternate review timeline of 510 days was negotiated between the applicant, the host Plan Approval Applications Received under the Air county, and the Department. The host township was not Pollution Control Act (35 P. S. §§ 4001—4015) and represented at the LMIP meeting and was not a party to 25 Pa. Code Chapter 127, Subchapter B that may the timeline negotiations. have special public interest. These applications are in review and no decision on disposition has Comments concerning the application should be di- been reached. rected to David Garg, P. E., Facilities Manager, Williams- port Regional Office, 208 West Third Street, Suite 101, Southwest Region: Air Quality Program, 400 Waterfront Williamsport, PA 17701. Persons interested in obtaining Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. more information about the general permit application Hatch, Environmental Engineer Managers, (412) 442- may contact the Williamsport Regional Office, (570) 327- 4163/5226. 3740. TDD users may contact the Department through 32-00397: Rosebud Mining Co. (301 Market Street, the Pennsylvania Relay Service, (800) 654-5984. Kittanning, PA 16201) on July 15, 2008, to install a coal AIR QUALITY processing facility at their Heilwood Mine, in Pine Town- ship, Indiana County. PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New NEW SOURCES AND MODIFICATIONS Source Review Chief, (814) 332-6940. The Department of Environmental Protection (Depart- 25-095G: Lord Corporation—Erie Plant (1635 West ment) has developed an ‘‘integrated’’ plan approval, State 12th Street, Erie, PA 16514) for installation of a new operating permit and Title V operating permit program. 18,000 cfm baghouse to replace an existing baghouse This integrated approach is designed to make the permit- (C06) that controls emissions from silicone mixer (152), ting process more efficient for the Department, the regu- silicone mills (153 and 154), compound storage weigh lated community and the public. This approach allows the station (155) and lampblack weigh station (114) in Erie owner or operator of a facility to complete and submit all City, Erie County. This is a State-only facility. the permitting documents relevant to its application one time, affords an opportunity for public input and provides Intent to Issue Plan Approvals and Intent to Issue for sequential issuance of the necessary permits. or Amend Operating Permits under the Air Pollu- The Department has received applications for plan tion Control Act (35 P. S. §§ 4001—4015) and 25 approvals and/or operating permits from the following Pa. Code Chapter 127, Subchapter B. These ac- facilities. tions may include the administrative amend- ments of an associated operating permit. Copies of the applications, subsequently prepared draft permits, review summaries and other support materials Northeast Region: Air Quality Program, 2 Public are available for review in the regional office identified in Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New this notice. Persons interested in reviewing the applica- Source Review Chief, (570) 826-2531. tion files should contact the appropriate regional office to 66-315-052: Proctor & Gamble Paper Products, Co. schedule an appointment. (P. O. Box 32, Mehoopany, PA 18629-0032) for modifica- Persons wishing to receive a copy of a proposed plan tion of a paper converting line at their facility in Wash- approval or operating permit must indicate their interest ington Township, Wyoming County. This facility is a to the Department regional office within 30 days of the Title V facility. The modification of the converting opera- date of this notice and must file protests or comments on tion will add two new converting lines to the current a proposed plan approval or operating permit within 30 paper converting operation. This additional equipment days of the Department providing a copy of the proposed will result in an increase of 34.5 tpy of VOCs. This document to that person or within 30 days of its publica- modification of the converting line is subject to Subpart tion in the Pennsylvania Bulletin, whichever comes first. KK of the National Emission Standards for HAPs: Na- Interested persons may also request that a hearing be tional Emission Standards for the Printing and Publish- held concerning the proposed plan approval and operating ing Industry, 40 CFR 63.820—63.839 and Subpart JJJJ of

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National Emission Standards for HAPs: Paper and Other solvent determined by the Department to be equivalent to Web Coating, 40 CFR 63.3280—63.3420. The plan ap- acetone shall not exceed 150 gallons in any 12-consecutive proval will include all appropriate monitoring, month period. recordkeeping and reporting requirements designed to 6. Under the BAT requirements of 25 Pa. Code keep the source operating within all applicable air quality §§ 127.1 and 127.12, all coatings shall be applied by High requirements and will be incorporated into the Title V Volume, Low Pressure (HVLP) spray technology. The Operating Permit through an Administrative Amendment pressure at the cap of the spray gun shall not exceed 10 in accordance with 25 Pa. Code § 127.450. psi. Northcentral Region: Air Quality Program, 208 West 7. Under the BAT requirements of 25 Pa. Code Third Street, Williamsport, PA 17701, David Aldenderfer, §§ 127.1 and 127.12, the permittee shall test the pressure Program Manager, (570) 327-3637. at the cap of the HVLP guns at least once per week and 19-318-020A: Patriot Metal Products, Inc. (1005 record the reading in a logbook to verify compliance with North Vine Street, Berwick, PA 18603) submitted an the pressure requirement. These records shall be retained application to the Department of Environmental Protec- for a minimum of 5 years and be presented to the tion (Department) for plan approval to construct and Department upon request. operate a surface coating operation (one paint booth and 8. Under the BAT requirements of 25 Pa. Code associated panel filters and a 1.5 mmBtu/hr natural gas §§ 127.1 and 127.12, all coatings, additives and cleaning fired curing oven) at their facility located in Berwick solvents shall be kept in closed containers when not in Borough, Columbia County. actual use. The Department’s review of the information submitted 9. Under the BAT requirements of 25 Pa. Code by Patriot Metal Products indicates that the proposed §§ 127.1 and 127.12, spray equipment, lines, and the like surface coating operation will meet all applicable air shall be cleaned either by flushing/spraying a solid liquid quality requirements pertaining to air contamination stream into an appropriate recovery receptacle or by sources and the emission of air contaminants, including soaking equipment in closed containers. Under no circum- the BAT requirements of 25 Pa. Code §§ 127.1 and stances shall solvent be atomized while flushing/spraying. 127.12, the fugitive air contaminant emission require- The use of solvent-laden rags to wipe down equipment is ment of 25 Pa. Code § 123.1, the PM emission limitation acceptable as long as the rags are stored in closed of 25 Pa. Code § 123.13 and the surface coating require- containers after use, until properly disposed of. Under no ments of 25 Pa. Code § 129.52. The surface coating circumstances shall waste solvent or other materials or operation has the potential to emit 8.00 tons of VOCs and solvent-laden rags be treated in a manner that would 0.75 ton of HAPs in any 12-consecutive month period. intentionally promote the evaporative loss of solvent. Additionally, if the Department determines that the sur- face coating operation is in compliance with all plan 10. Under the BAT requirements of 25 Pa. Code approval conditions, the conditions established in the plan §§ 127.1 and 127.12, Source ID P108 is a Col-Met Powder approval will be incorporated into a State-only operating cure batch oven rated at 1.5 mmBtu/hr. Additionally, permit by means an administrative amendment under 25 Source ID P108 shall only be fired on natural gas. Pa. Code § 127.450. 11. Under the BAT requirements of 25 Pa. Code The following is a summary of the conditions the §§ 127.1 and 127.12 and 25 Pa. Code § 129.52, the VOC Department proposes to place in the plan approval to content of the as applied coatings shall not exceed the ensure compliance with all applicable regulatory require- following levels: ments: a) 10.34 lbs VOC/lb coating solids for clear coatings. 1. Under the BAT requirements of 25 Pa. Code b) 6.67 lbs VOC/lb coating solids for topcoats. §§ 127.1 and 127.12, Source ID P105 is a Col-Med model ESD-26SB paint spray booth. Source ID P105 shall be c) 6.67 lbs VOC/lb coating solids for air-dried coatings. equipped with spray booth filters and the resultant PM d) 6.67 lbs VOC/lb coating solids for extreme performance concentration in the exhaust shall not exceed 0.01 grain coatings. per dry standard cubic foot. e) 5.06 lbs VOC/lb coating solids for all other coatings. 2. Under the BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the paint spray booth shall be 12. The permittee shall maintain daily records of all equipped with instrumentation to continuously monitor coatings, and cleaning solvents used in, or associated with the differential pressure across the filters. the use of the surface coating operation. The respective records shall include the following: 3. Under the BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the permittee shall maintain an a. the identity of each material used; adequate supply of spare paint booth filters in order to b. the mix ratio; change any filter in need of replacement. c. the density or specific gravity; 4. Under the BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the emission of VOCs and total d. an up-to-date Certified Product Data Sheet for each HAPs from Source ID P105 shall not exceed 8.00 tons and material used; 0.75 ton, respectively, in any 12-consecutive month period. e. the amount in gallons or pounds of each coating used 5. Under the BAT requirements of 25 Pa. Code each month; §§ 127.1 and 127.12, acetone shall be the only cleaning f. the density of each material as-applied in pounds per solvent used in the spray paint booth and spray guns gallon; approved herein, unless prior authorization has been g. the VOC content of each material as-applied; obtained from the Department to use an alternate solvent considered by the Department to be equivalent to acetone. h. the HAP content of each material as-applied (%, by The total combined amount of acetone and any alternate weight); and

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4413

Records generated under this condition shall be re- • The permittee shall perform a daily operational tained onsite for a period of at least 5 years from the date inspection of the control device. of generation and shall be provided to the Department • Control device operating parameters, including pres- upon request. sure drop, shall be operated in a range defined by the 13. The permittee shall keep records of the VOC and manufacturer or in a range developed during compliant HAP emissions on a monthly basis from Source ID P105 stack testing. The operating range shall be determined and the corresponding 12-consecutive month total. These within 90 days after startup of the control device and records shall be retained for a minimum of 5 years and be shall be indicated to the Department in writing prior to provided to the Department upon request. administratively amending into the facility operating permit. The operating range shall be made part of the 14. The permittee shall submit quarterly records to the facility operating permit. Department of the following: • The permittee shall operate the control device at all a. the identity and amount of each coating used each times that the source is operation. month and the corresponding 12-consecutive month total; • The permittee shall maintain and operate the source b. the VOC and HAP emissions each month and the and control device in accordance with the manufacturer’s corresponding 12-consecutive month total; specifications and in accordance with good air pollution c. the amount acetone used each month and the corre- control practices. sponding 12-consecutive month total. Department of Public Health, Air Management Services: The reports are due 60 days after the end of the 321 University Avenue, Philadelphia, PA 19104, Edward respective calendar quarter. Braun, Chief, (215) 685-9476. AMS 08149: Pearl Pressman Liberty (5th and Pop- A copy of the plan approval application is available for lar Streets, Philadelphia, PA 19123) for installation of a public review between 8 a.m. and 4 p.m. at the Depart- Mitsubishi D3000 LX 6 color sheetfed lithographic ment’s Northcentral Regional Office, 208 West Third nonheatset press. The potential emission from the new Street, Suite 101, Williamsport, PA 17701. Appointments press is 5.01 tons of VOCs per year and 1.20 tons of for scheduling a review may be made by calling the HAPs per year. The plan approval will contain operating Department at (570) 327-3693. Written comments or and recordkeeping requirements to ensure the press is requests for a public hearing should be directed to operated within all applicable requirements. Muhammad Q. Zaman, Manager, Facilities Permitting Section, Department of Environmental Protection, Air OPERATING PERMITS Quality Program, Northcentral Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701, (570) Intent to Issue Title V Operating Permits under the 327-0512. Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter G. Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Southeast Region: Air Quality Program, 2 East Main Source Review Chief, (814) 332-6940. Street, Norristown, PA 19401, Janine Tulloch-Reid, Facil- ities Permitting Chief, (484) 250-5920. 24-012H: C/G Electrodes LLC—St. Marys Plant (800 Theresia Street, St. Marys, PA 15857-1898) for 09-00124: Fairless Energy, LLC (50 Sinter Road, exhausting an existing source (metallurgical coke screen- Fairless Hills, PA 19030) for operation of an electric ing operations venting through a dust collector indoors) to generating station in Falls Township, Bucks County. the outdoors in St. Marys City, Elk County. This is a The permit is for a Title V facility. The facility is Title V facility. The public notice is required for sources considered a major source of NOx, CO, VOCs and PM required to obtain a Plan Approval at Title V facilities in emissions, with maximum potential emissions of 424.7 accordance with 25 Pa. Code § 127.44. This plan approval tpy, 360.5 tpy, 88.4 tpy and 387.6 tpy, respectively. will, in accordance with 25 Pa. Code § 127.450, be incor- Fairless Energy, LLC is a subsidiary of Dominion Re- porated into the Title V operating permit through an sources, Inc. It owns and operates four natural gas-fired administrative amendment at a later date. The source combined-cycle electric generation units. Each unit is shall comply with the following conditions, which will equipped with an inlet air cooling system, duct burners, a satisfy the requirements of 25 Pa. Code § 127.12b (per- heat recovery steam generator and selective catalytic taining to plan approval terms and conditions) and will reduction system. The plant is exclusively run on natural demonstrate BAT for the source: gas. Other sources include two natural gas preheaters, • one auxiliary boiler and four cooling towers. The combus- Emissions shall with 25 Pa. Code §§ 123.1, 123.31 tion turbines and duct burners are subject to 40 CFR and 123.41 for fugitive, odor and visible emissions respec- Part 60, New Source Performance Standards, Subpart GG tively. and Subpart Da, respectively. The auxiliary boiler and • No person may permit the emission into the outdoor natural gas preheaters are subject to 40 CFR Part 60, atmosphere of PM in a manner that the concentration of New Source Performance Standards, Subpart Dc. The PM in the effluent gas exceeds 0.02 grain per dry permit will include monitoring, recordkeeping and report- standard cubic foot. ing requirements designed to keep the plant operating within all applicable air quality requirements. • Conduct stack testing for PM compliance. Department of Public Health, Air Management Services: • The permittee shall record the following operational 321 University Avenue, Philadelphia, PA 19104, Edward data from the control devices (these records may be done Braun, Chief, (215) 685-9476. with strip charts recorders, data acquisition systems or manual log entries): V06-015: Rohm and Haas Co. (5000 Richmond Street, Philadelphia, PA 19137) for operation of a chemical • Pressure drop across control device—daily as defined manufacturing facility in the City of Philadelphia, Phila- as at least once every calendar day. delphia County. The facility’s air emission sources

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4414 NOTICES include two 48.4 mmBtu/hr boilers, one emergency river P. S. §§ 691.1—691.1001); the Coal Refuse Disposal Con- pump, one fire water pump, a UB process, a GOAL trol Act (52 P. S. §§ 30.51—30.66); and The Bituminous process, an ambersorb process, wastewater treatment, Mine Subsidence and Land Conservation Act (52 P. S. and groundwater remediation, and storage tanks. Control §§ 1406.1—1406.21). Mining activity permits issued in devices include scrubbers, cyclone collectors and dust response to applications will also address the applicable collectors. permitting requirements of the following statutes: the Air Pollution Control Act (35 P. S. §§ 4001—4015); the Dam The operating permit will be issued under the 25 Safety and Encroachments Act (32 P. S. §§ 693.1— Pa. Code, Philadelphia Code Title 3 and Air Management 693.27); and the Solid Waste Management Act (35 P. S. Regulation XIII. Permit copies and other supporting §§ 6018.101—6018.1003). information are available for public inspection at AMS, 321 University Avenue, Philadelphia, PA 19104. For fur- The following permit applications to conduct mining ther information, contact Edward Wiener (215) 685-9426. activities have been received by the Department of Envi- ronmental Protection (Department). A copy of an applica- Persons wishing to file protest or comments on the tion is available for inspection at the district mining office above operating permit must submit the protest or com- indicated before an application. Where a 401 Water ments within 30 days from the date of this notice. Any Quality Certification is needed for any aspect of a particu- protests or comments filed with AMS must include a lar proposed mining activity, the submittal of the permit concise statement of the objections to the permit issuance application will serve as the request for certification. and the relevant facts upon which the objections are based. Based upon the information received during the Written comments, objections or requests for informal public comment period, AMS may modify the operating conferences on applications may be submitted by any permit or schedule a public hearing. The hearing notice person or any officer or head of any Federal, State or will be published in the Pennsylvania Bulletin and a local local government agency or authority to the Department newspaper at least 30 days before the hearing. at the district mining office indicated before an applica- tion within 30 days of this publication, or within 30 days Intent to Issue Operating Permits under the Air after the last publication of the applicant’s newspaper Pollution Control Act (35 P. S. §§ 4001—4015) and advertisement, as provided by 25 Pa. Code §§ 77.121— 25 Pa. Code Chapter 127, Subchapter F. 77.123 and 86.31—86.34. Where any of the mining activities listed will have Southcentral Region: Air Quality Program, 909 discharges of wastewater to streams, the Department will Elmerton Avenue, Harrisburg, PA 17110, William R. incorporate NPDES permits into the mining activity Weaver, New Source Review Chief, (717) 705-4702. permits issued in response to these applications. NPDES 29-03004: Mellott Co.—formerly Mellott Enter- permits will contain, at a minimum, technology-based prise—Warfordsburg Manufacturing Facility (100 effluent limitations as identified in this notice for the Mellott Drive, Suite 100, Warfordsburg, PA 17267-8555) respective coal and noncoal applications. In addition, for coating operations in Bethel Township, Fulton more restrictive effluent limitations, restrictions on dis- County. The annual emissions of the VOC from the charge volume or restrictions on the extent of mining sources are about 11 tpy. This is a renewal of the natural which may occur will be incorporated into a mining minor operating permit issued in January 2004. activity permit, when necessary, for compliance with water quality standards (in accordance with 25 Pa. Code Northcentral Region: Air Quality Program, 208 West Chapters 93 and 95). Persons or agencies who have Third Street, Williamsport, PA 17701, David Aldenderfer, requested review of NPDES permit requirements for a Program Manager, (570) 327-3637. particular mining activity within the previously men- tioned public comment period will be provided with a 19-00019: Dillon Floral Corp. (933 Columbia Boule- 30-day period to review and submit comments on the vard, Bloomsburg, PA 17815-8844) for their greenhouse requirements. located in the Town of Bloomsburg, Columbia County. The facility’s main sources include one multifuel (No. 4 Written comments or objections should contain the and No. 6 fuel oil, WDLF and natural gas) boiler, one name, address and telephone number of the person wood-fired boiler, one propane-fired engine and three fuel submitting comments or objections; the application num- storage tanks. The facility has the potential to emit ber; and a statement of sufficient detail to inform the PM10, NOx, CO, VOCs and combined and individual Department on the basis of comment or objection and HAPs emissions below the major thresholds. The facility relevant facts upon which it is based. Requests for an has taken a synthetic minor restriction to limit the SOx informal conference must contain the name, address and emissions below the major threshold. The proposed oper- telephone number of requestor; the application number; a ating permit contains all applicable regulatory require- brief summary of the issues to be raised by the requestor ments including monitoring, recordkeeping and reporting at the conference; and a statement whether the requestor conditions. wishes to have the conference conducted in the locality of the proposed mining activities. COAL AND NONCOAL MINING ACTIVITY APPLICATIONS Coal Applications Received Applications under the Surface Mining Conservation Effluent Limits—The following coal mining applications and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the that include an NPDES permit application will be subject Noncoal Surface Mining Conservation and Reclamation to, at a minimum, the following technology-based effluent Act (52 P. S. §§ 3301—3326); The Clean Streams Law (35 limitations for discharges of wastewater to streams:

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4415

30-Day Daily Instantaneous Parameter Average Maximum Maximum Iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l Manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l Suspended solids 35 mg/l 70 mg/l 90 mg/l pH1 greater than 6.0; less than 9.0 Alkalinity greater than acidity1

1The parameter is applicable at all times.

A settleable solids instantaneous maximum limit of 0.5 56930106 and NPDES No. PA0212458. Future In- ml/l applied to: (1) surface runoff (resulting from a dustries, Inc., P. O. Box 157, Meyersdale, PA 15552, precipitation event of less than or equal to a 10-year permit renewal for reclamation only of a bituminous 24-hour event) from active mining areas; active areas surface mine in Black Township, Somerset County, disturbed by coal refuse disposal activities; and mined affecting 192.2 acres. Receiving streams: UNTs to/and areas backfilled and revegetated; and (2) drainage (result- Casselman River classified for the following use: WWF. ing from a precipitation event of less than or equal to a There are no potable water supply intakes within 10 1-year 24-hour event) from coal refuse disposal piles. miles downstream. Application received July 22, 2008. California District Office: 25 Technology Drive, Coal 56930112 and NPDES No. PA0212636. Future In- Center, PA 15423, (724) 769-1100 dustries, Inc., P. O. Box 157, Meyersdale, PA 15552, Permit Number 30020701 and NPDES Permit No. permit renewal for reclamation only of a bituminous PA0235482, Consol Pennsylvania Coal Company, surface mine in Black Township, Somerset County, (1800 Washington Road, Pittsburgh, PA 15241), to renew affecting 316 acres. Receiving streams: UNTs to/and the permit for the Bailey Central Mine Complex CRDA Rhodes Creek classified for the following use: WWF. No. 3 and No. 4 in Richhill and Gray Townships, Greene There are no potable water supply intakes within 10 County and related NPDES Permit. No additional dis- miles downstream. Application received July 22, 2008. charges. Application received May 21, 2008. 32030110. Fossil Fuel, Inc., 690 Weaver Road, Marion Permit Number 30841314 and NPDES Permit No. Center, PA 15759, permit renewal for the continued PA0215368, Dana Mining Company of Pennsylvania, operation and restoration of a bituminous surface and LLC, (308 Dents Run Road, Morgantown, WV 26501), to auger mine in East Mahoning and Grant Townships, renew the permit and related NPDES permit and revise Indiana County, affecting 43.0 acres. Receiving streams: the permit for the Titus Mine in Dunkard Township, UNTs to Crooked Run to Little Mahoning Creek classified Greene County to add acreage to the permit and for the following use: HQ-CWF. There are no potable subsidence plan for development mining. Underground water supply intakes within 10 miles downstream. Appli- Acres Proposed 991.38, Subsidence Control Plan Acres cation received July 23, 2008. Proposed 991.38. No additional discharges. Application received July 14, 2008. Knox District Mining Office: P. O. Box 669, 310 Best Permit Number 30841316 and NPDES Permit No. Avenue, Knox, PA 16232-0669, (814) 797-1191. PA0213535, Consol Pennsylvania Coal Company, (1800 Washington Road, Pittsburgh, PA 15241), to revise 16080106 and NPDES Permit No. PA0258601. the permit for the Bailey Mine and Prep Plant in Richhill Neiswonger Construction, Inc. (17592 Route 322, and Morris Townships, Greene County to add acreage Strattanville, PA 16258). Commencement, operation and for development mining of the upper east corridor area. restoration of a bituminous surface strip operation in Underground Acres Proposed 330.14, Subsidence Control Toby and Licking Townships, Clarion County affecting Plan Acres Proposed 4,448.05. No additional discharges. 85.5 acres. Receiving streams: UNTs to Cherry Run and Application received June 25, 2008. Cherry Run, classified for the following use: CWF. There are no potable surface water supply intakes within 10 Cambria District Mining Office: 286 Industrial Park miles downstream. Application to include a land-use Road, Ebensburg, PA 15931, (814) 472-1900. change from forestland to pastureland/land occasionally 56910201 and NPDES No. PA0599271. AMFIRE cut for hay. Application received July 17, 2008. Mining Company, LLC, One Energy Place, Latrobe, PA 15650, permit renewal for reclamation only of a bitumi- 33020107 and NPDES Permit No. PA0242233. nous surface mine in Paint Township, Somerset County, Original Fuels, Inc. (P. O. Box 343, Punxsutawney, PA affecting 31.0 acres. Receiving stream: Paint Creek classi- 16373). Renewal of an existing bituminous surface strip fied for the following use: CWF. There are no potable and auger operation in Oliver Township, Jefferson water supply intakes within 10 miles downstream. Appli- County affecting 138.7 acres. Receiving streams: Hadden cation received July 11, 2008. Run to Little Sandy Creek, classified for the following use: CWF. There are no potable surface water supply 32813007 and NPDES No. PA0125458. Cloe Mining intakes within 10 miles downstream. Application for Company, Inc., P. O. Box J, Grampian, PA 16838, permit reclamation only. Application received July 21, 2008. renewal for the continued operation and restoration of a bituminous surface and auger mine in Rayne and East Noncoal Applications Received Mahoning Townships, Indiana County, affecting 323.7 acres. Receiving streams: UNTs to/and Pine Run classi- Effluent Limits—The following noncoal mining applica- fied for the following use: CWF. The first downstream tions that include an NPDES permit application will be potable water supply intake from the point of discharge is subject to, at a minimum, the following technology-based ICMSA Crooked Creek. Application received July 17, effluent limitations for discharges of wastewater to 2008. streams:

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4416 NOTICES

30-day Daily Instantaneous Parameter Average Maximum Maximum suspended solids 35 mg/l 70 mg/l 90 mg/l Alkalinity exceeding acidity* pH* greater than 6.0; less than 9.0 * The parameter is applicable at all times.

A settleable solids instantaneous maximum limit of 0.5 which the comments or objections are addressed and a ml/l applied to surface runoff resulting from a precipita- concise statement of comments, objections or suggestions tion event of less than or equal to a 10-year 24-hour including the relevant facts upon which they are based. event. If coal will be extracted incidental to the extraction of noncoal minerals, at a minimum, the technology-based The Department may conduct a fact-finding hearing or effluent limitations identified under coal applications will an informal conference in response to comments if apply to discharges of wastewater to streams. deemed necessary. Individuals will be notified, in writing, of the time and place of a scheduled hearing or conference Cambria District Mining Office: 286 Industrial Park concerning the certification request to which the com- Road, Ebensburg, PA 15931, (814) 472-1900. ment, objection or suggestion relates. Maps, drawings and Permit No. 50960801. Roy E. and Scott D. Hall, other data pertinent to the certification request are 1013 Sandy Hollow Road, New Bloomfield, PA 17068, available for inspection between 8 a.m. and 4 p.m. on bond release on a small noncoal (industrial minerals) each working day at the regional office noted before the operation in Carroll Township, Perry County, affecting application. 2.0 acres. Receiving stream: UNT to Perry Furnace Run. Persons with a disability who wish to attend a hearing Application received July 16, 2008. and require an auxiliary aid, service or other accommoda- Pottsville District Mining Office: 5 West Laurel Boule- tion to participate in the proceedings should contact the vard, Pottsville, PA 17901, (570) 621-3118. specified program. TDD users should contact the Depart- ment through the Pennsylvania AT&T Relay Service at 8274SM4A2C9. Rohrer’s Quarry, Inc., (70 Lititz (800) 654-5984. Road, Lititz, PA 17543), boundary correction to an exist- ing quarry operation to increase the acreage from 171.8 Applications received under the Dam Safety and acres to 190.3 acres in Penn and Warwick Townships, Encroachments Act (32 P. S. §§ 693.1—693.27) and Lancaster County, receiving stream: UNT to Little section 302 of the Floodplain Management Act (32 Conestoga Creek. Application received July 17, 2008. P. S. § 679.302) and requests for certification un- der Section 401(a) of the Federal Water Pollution 36990801. David M. Wise, (5028 Walnut Lane, Control Act (33 U.S.C.A. § 1341(a)). Mohnton, PA 19540), Stage I and II bond release on a quarry operation in West Cocalico Township, Lancaster WATER OBSTRUCTIONS AND ENCROACHMENTS County affecting 3.0 acres on property owned by John Hoover. Application received July 18, 2008. Southeast Region: Water Management Program Man- ager, 2 East Main Street, Norristown, PA 19401. 39880301A1C8 and NPDES Permit No. PA0594199. Eastern Industries, Inc., (4401 Camp Meeting Road, E51-232. Fairmount Park Commission, One Park- Suite 200, Center Valley, PA 18034), renewal of NPDES way Building, 1515 Arch Street, 11th Floor, Philadelphia, Permit for discharge of treated mine drainage from a PA 19102-1501, Philadelphia City, Philadelphia quarry operation in North Whitehall Township, Lehigh County, United States Army Corps of Engineers, Phila- County, receiving stream: Coplay Creek, classified for delphia District. the following use: CWF. Application received July 22, 2008. To perform the following water obstruction and en- croachment activities associated with the stabilization of FEDERAL WATER POLLUTION an eroding streambank along the Wissahickon Creek CONTROL ACT, SECTION 401 (TSF) located at the base of the Colony Castle— Philadelphia Canoe Club: The following permit applications, requests for Environ- mental Assessment approval and requests for 401 Water 1. To remove an existing 100-foot long gabion wall Quality Certification have been received by the Depart- along the Wissahickon Creek, and to construct and ment of Environmental Protection (Department). Section maintain, in its place, a 250-foot long precast concrete 401 of the Federal Water Pollution Control Act (FWPCA) retaining wall. (33 U.S.C.A. § 1341) requires the State to certify that the 2. To place approximately 600 cubic yards of fill within involved projects will not violate the applicable provisions the floodway of the Wissahickon Creek associated with of Sections 301—303, 306 and 307 of the FWPCA (33 the proposed site grading activities. U.S.C.A. §§ 1311—1313, 1316 and 1317) as well as relevant State requirements. Persons objecting to ap- 3. To install and maintain approximately 20 linear feet proval of a request for certification under section 401 of of rip-rap streambank protection at the upstream transi- the FWPCA or to the issuance of a Dam Permit, Water tion of the proposed retaining wall. Obstruction and Encroachment Permit or the approval of This project is located approximately 200 feet from an Environmental Assessment must submit comments, 4900 Ridge Avenue (Germantown, PA USGS Quadrangle suggestions or objections within 30 days of the date of N: 2.5 inches; W: 11.5 inches). this notice, as well as questions, to the regional office noted before the application. Comments should contain Southcentral Region: Watershed Management Program the name, address and telephone number of the person Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, commenting, identification of the certification request to (717) 705-4707.

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4417

E67-857: Mummert Enterprises, Inc., Morningstar (TSF) (Chambersburg, PA Quadrangle N: 14.1 inches; Development, Attn.: Tim Mummert, 1945 Hanover Pike, W: 10.6 inches, Latitude: 39° 57Ј 8.7Љ; Longitude: 77° 42Ј Littlestown, PA 17340, Penn Township, York County, 1.6Љ); 7) install and maintain an 18.0-inch HDPE culvert United States Army Corps of Engineers, Baltimore Dis- in a UNT to Back Creek (TSF) permanently impacting trict. 100.0 linear feet of stream channel (Chambersburg, PA Quadrangle N: 13.2 inches; W: 11.5 inches, Latitude: 39° To fill 0.036 acre of emergent wetland located in the Oil Ј Љ Ј Љ Creek (WWF) Watershed. The project is located on the 57 12 ; Longitude: 77° 42 24.3 ); 8) install and maintain southeast quadrant at the intersection of Lexington Drive an 18.0-inch HDPE culvert in a UNT to Back Creek and Timber Lane (Hanover, PA Quadrangle N: 7.3 inches; (TSF) permanently impacting 108.0 linear feet of stream W: 10.9 inches, Latitude: 39° 47Ј 24Љ; Longitude: 76° 57Ј channel (Chambersburg, PA Quadrangle N: 13.2 inches; Љ W: 11.6 inches, Latitude: 39° 57Ј 13.0Љ; Longitude: 77° 42Ј 11 ) in Penn Township, York County. The project proposes Љ wetland replacement of 0.037 acre. 26.8 ); 9) install and maintain a 30.0-inch HDPE culvert in a UNT to Back Creek (TSF) permanently impacting E07-423: Grace Baptist Church, Dan Albright, 1553 33.0 linear feet of stream channel (Chambersburg, PA Columbia Avenue, Tyrone, PA 16686, Tyrone Borough, Quadrangle N: 13.4 inches; W: 11.7 inches, Latitude: 39° Blair County, United States Army Corps of Engineers, 57Ј 14.8Љ; Longitude: 77° 42Ј 30.3Љ); 10) install and Baltimore District. maintain an outfall structure to an existing onsite pond (Chambersburg, PA Quadrangle N: 13.9 inches; W: 10.8 To fill in a 0.0057 acre of de minimis wetland along the Ј Љ Ј Љ watershed of Bald Eagle Creek (TSF) to construct a new inches, Latitude: 39° 57 5.6 ; Longitude: 77° 42 5.6 ); 11) worship center located along Adams Avenue about 900 install and maintain an 18.0-inch HDPE culvert in a feet southwest of the Decker Run culvert (Tyrone, PA UNT to Back Creek (TSF) permanently impacting 181.0 Quadrangle N: 11.25 inches; W: 15.70 inches, Latitude: linear feet of stream channel (Chambersburg, PA Quad- Ј Љ Ј Љ rangle N: 14.0 inches; W: 10.6 inches, Latitude: 39° 57Ј 40° 41 13 ; Longitude: 78° 14 18 ) in Tyrone Borough, Љ Ј Љ Blair County. 7.1 ; Longitude: 77° 42 1.6 ); 12) install and maintain an 8.0-inch PVC sanitary sewer line in a UNT to Back Creek E67-825: Robert Barclay, Windy Brae Manor Mobile (TSF) temporarily impacting 35.0 linear feet of stream Home Park, 14871 Mount Olivet Road, Stewartstown, PA channel (Chambersburg, PA Quadrangle N:14.2 inches; 17363, North Hopewell Township, York County, United W: 10.6 inches, Latitude: 39° 57Ј 10.6Љ; Longitude: 77° 42Ј States Army Corps of Engineers, Baltimore District. 0.5Љ); and 13) install and maintain a 30.0-inch RCP To construct and maintain a 36-inch concrete pipe culvert in a UNT to Back Creek (TSF) permanently culvert 16-feet long and two 6-inch water lines in a UNT impacting 202.0 linear feet of stream channel (Chambersburg, PA Quadrangle N: 14.0 inches; W: 12.2 to the East Branch Codorus Creek (HQ-CWF) and in Ј Љ Ј Љ associated wetlands (Glen Rock, PA Quadrangle Latitude: inches, Latitude: 39° 57 8.3 ; Longitude: 77° 42 43.0 ). 76° 38Ј 8Љ; Longitude: 39° 47Ј 34Љ, N: 7.7 inches; W: 1.5 Impacts are associated with the construction of 95 inches) in North Hopewell Township, York County. The townhouses, 74 duplexes and 84 single-family homes project will permanently impact 0.016 acre of Exceptional known as the Majestic Ridge Residential Development. Value palustrine emergent wetlands. As the wetland The project is located at the Majestic Ridge Golf Resort impact is considered de minimis, no mitigation is re- just west of Sollenberger Road and north of Brechbill quired. Road in Hamilton Township, Franklin County. E28-345: Kabro of Majestic Ridge, LLC, Robert Northwest Region: Watershed Management Program Miller, 24 Buckingham Way, Freehold, NJ 07728, Majestic Manager, 230 Chestnut Street, Meadville, PA 16335-3481. Ridge Residential Development, Hamilton Township, E10-448, Joseph M. Landis, 414 Freeport Street, Franklin County, United States Army Corps of Engi- Saxonburg, PA 16056. Joseph Landis Single-Residence neers, Baltimore District. Sewage Treatment Facility, in Clinton Township, Butler County, United States Army Corps of Engineers, Pitts- The applicant proposes to: 1) install and maintain burgh District (Curtisville, PA Quadrangle N: 40° 43Ј 2,500.0 cubic yards of fill in order to fill/abandon approxi- 47.98Љ;W:79° 48Ј 3.45Љ). mately 0.1 acre of an existing offline irrigation pond to provide the appropriate protection for a proposed private The applicant proposes to construct and maintain a 500 well (Chambersburg, PA Quadrangle N: 14.6 inches; gpd Small Flow Treatment Facility at 414 Freeport W: 11.5 inches, Latitude: 39° 57Ј 18.0Љ; Longitude: 77° 42Ј Street, Clinton Township, Butler County, approximately 1 21.3Љ); 2) install and maintain a clay liner in the remain- mile south of the Borough of Saxonburg. The construction ing 0.73 acre of the existing irrigation pond includes an outfall structure along the east bank of a (Chambersburg, PA Quadrangle N: 14.6 inches; W: 11.4 tributary to Sarver Run. Sarver Run is a perennial inches, Latitude: 39° 57Ј 16.7Љ; Longitude: 77° 42Ј 20.6Љ); stream classified as a HQ-TSF. 3) install and maintain an 18.0-inch HDPE culvert in a ENVIRONMENTAL ASSESSMENTS UNT to Back Creek (TSF) impacting 73.0 linear feet of stream channel (Chambersburg, PA Quadrangle N: 14.5 Central Office: Bureau of Waterways Engineering, inches; W: 11.7 inches, Latitude: 39° 57Ј 18.9Љ; Longitude: Rachel Carson State Office Building, Floor 3, 400 Market 77° 42Ј 27.9Љ); 4) install and maintain an 18.0-inch HDPE Street, Harrisburg, PA 17105. culvert in a UNT to Back Creek (TSF) impacting 55.0 D49-019EA. Pennsylvania American Water Com- linear feet of stream channel (Chambersburg, PA Quad- pany, 800 West Hersheypark Drive, Hershey, PA 17033. rangle N: 13.2 inches; W: 11.4 inches, Latitude: 39° 57Ј Point Township, Northumberland County, United 10.6Љ; Longitude: 77° 42Ј 20.9Љ); 5) restore and maintain States Army Corps of Engineers, Baltimore District. approximately 700.0 linear feet of a UNT to Back Creek (TSF) in order to remove an existing 0.43 acre online Project proposes to breach and remove Geise’sDam irrigation pond (Chambersburg, PA Quadrangle N: 13.3 across Lithia Spring Creek (CWF) for the purpose of inches; W: 11.55 inches, Latitude: 39° 57Ј 12.9Љ; Longi- eliminating a threat to public safety and restoring the tude: 77° 42Ј 25.6Љ); 6) install and maintain 245.0 linear stream to a free flowing condition. The project will restore feet of erosion control matting in a UNT to Back Creek approximately 100 feet of stream channel. The dam is

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4418 NOTICES located approximately 500 feet north of the intersection of addressed and a concise statement of comments, objec- SR 1024 (Ridge Road) and SR 1037 (Spruce Hollow Road) tions and suggestions in sufficient detail to inform the (Northumberland, PA Quadrangle Latitude: 40° 55Ј 48Љ; Department of the exact basis of the proposal and the Longitude: 76° 45Ј 54Љ). relevant facts upon which it is based. The Department may conduct a fact-finding hearing or an informal confer- WATER QUALITY CERTIFICATIONS REQUESTS ence in response to any given comments if deemed Southeast Region: Water Management Program Man- necessary to resolve conflicts. Each individual will be ager, 2 East Main Street, Norristown, PA 19401. notified in writing of the time and place of any scheduled hearing or conference concerning the certification request Requests for Certification under Section 401 of the to which the protest relates. Maps, drawings and other Federal Water Pollution Control Act data pertinent to the certification request are available The following requests have been made to the Depart- for inspection and review at the address indicated above ment of Environmental Protection (Department) for certi- each request for certification between 8 a.m. and 4 p.m on fication under § 401(a) of the 1972 amendments to the each working day. Federal Water Pollution Control Act (33 U.S.C. Certification Request Initiated By: Sunoco, Inc. (R & M), § 1341(a)), that there is reasonable assurance that the 1735 Market Street, Philadelphia, PA 19103. construction herein described will not violate applicable Federal and State Water Quality Standards. Project Description/Location: This project involves the discharge of supernatant from the Army Corps of Engi- Prior to final approval of the proposed certification, neers Fort Mifflin Confined Disposal Facility (CDF) to the consideration will be given to any comments, suggestions Delaware River. Maintenance dredging is proposed at the and objections, which are submitted in writing 30 days Sunoco Fort Mifflin Terminal dock areas located on the from the date of this notice. Comments should be submit- Delaware River in Tinicum Township, Delaware County. ted to the Department at the address indicated previously Approximately 40,000 cubic yards of sediment will be each of the following requests for certification. Comments removed and placed in the Fort Mifflin CDF located in should contain the name, address and telephone number the City of Philadelphia. Sediment will settle out in the of the person commenting, identification of the certifica- basin and the supernatant will be returned to the Dela- tion request to which the comments or objections are ware Estuary. ACTIONS THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT FINAL ACTIONS TAKEN FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS AND WATER QUALITY MANAGEMENT (WQM) PERMITS The Department of Environmental Protection (Department) has taken the following actions on previously received applications for new, amended and renewed NPDES and WQM permits, applications for permit waivers and Notices of Intent (NOI) for coverage under general permits. This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92 and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean Water Act. Location Permit Authority Application Type or Category Section I NPDES Renewals Section II NPDES New or amendment Section III WQM Industrial, sewage or animal wastes; discharges to groundwater Section IV NPDES MS4 individual permit Section V NPDES MS4 permit waiver Section VI NPDES Individual permit stormwater construction Section VII NPDES NOI for coverage under NPDES general permits Sections I—VI contain actions related to industrial, animal or sewage wastes discharges, discharges to groundwater and discharges associated with municipal separate storm sewer systems (MS4), stormwater associated with construction activities and concentrated animal feeding operations (CAFOs). Section VII contains notices for parties who have submitted NOIs for coverage under general NPDES permits. The approval for coverage under general NPDES permits is subject to applicable effluent limitations, monitoring, reporting requirements and other conditions set forth in each general permit. The approval of coverage for land application of sewage sludge or residential septage under applicable general permit is subject to pollutant limitations, pathogen and vector attraction reduction requirements, operational standards, general requirements, management practices and other conditions set forth in the respective permit. Permits and related documents, effluent limitations, permitting requirements and other information are on file and may be inspected and arrangements made for copying at the contact office noted before the action. Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board’s rules of practice and procedure may be obtained from the Board. The appeal form and the Board’s rules of

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4419 practice and procedure are also available in Braille or on audiotape from the Secretary of the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law. For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board. Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.

I. NPDES Renewal Permit Actions

Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA-0029416 Camp Weequahic, Inc. Preston Township UNT to Sly Lake Y R. R. 1 Wayne County Box 1096 Lakewood, PA 18439 PA-0032859 Department of Transportation Monroe County Pocono Creek Y (Minor Sewage) Bureau of Design Pocono Township 01E P. O. Box 3060 Harrisburg, PA 17105-3060 Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA0024961 Oley Township Municipal Berks County Manatawny Creek Y (Sew) Authority Oley Township 3-B P. O. Box 19 Oley, PA 19547 PA0087866 Texas Eastern Transmission— Huntingdon County UNT Great Trough Y (GWCU) Entriken Compressor Station Todd Township Creek 5400 Westheimer Court 11-D Houston, TX 77056 Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481. NPDES No. Facility Name & County & Stream Name EPA Waived (Type) Address Municipality (Watershed #) Y/N ? PA0032549 Department of Conservation Presques Isle State Presque Isle Bay of N and Natural Resources Park Lake Erie Bureau of State Parks Erie County 15-PI Tom Ridge Environmental Center 301 Peninsula Drive Suite 1 Erie, PA 16505 PA0103047 Jerome M. Laughlin McKean Township UNT to Elk Creek Y Laughlin Builders Erie County 15EC 8333 Edinboro Road Erie, PA 16509-4265 PA0239046 Ridgway Powdered Metals, Inc. Ridgway Township Elk Creek Y P. O. Box 398 Elk County 17-A Ridgway, PA 15853

II. New or Expanded Facility Permits, Renewal of Major Permits and EPA Nonwaived Permit Actions

Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707. NPDES Permit No. PA0261149, CAFO, Richard Hoffman, 72 Scull Hill Loop Road, Bernville, PA 19506. This proposed facility is located in Penn Township, Berks County. Description of Size and Scope of Proposed Operation/Activity: Authorization to operate a 405-AEU beef and poultry operation located in Watershed 3-C.

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4420 NOTICES

Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481. NPDES Permit No. PA0240141, Sewage, Stephen Sherk, 20 Yohe Road, Bradford, PA 16701. This proposed facility is located in Corydon Township, McKean County. Description of Proposed Action/Activity: This is a Single-Residence Sewage Treatment Plant discharging to a UNT to Willow Creek in Watershed 16-B.

III. WQM Industrial Waste and Sewerage Actions under The Clean Streams Law (35 P. S. §§ 691.1—691.1001)

Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707. WQM Permit No. WQG01670803, Sewage, Bruce and Pamela Wagaman, 1340 Mill Creek Road, York, PA 17404. This proposed facility is located in Manchester Township, York County. Description of Proposed Action/Activity: Construction/Operation of a sewage treatment plant to serve their single-family residence. WQM Permit No. 2807407, Sewage, Cumberland Franklin Joint Municipal Authority, 725 Municipal Drive, Shippensburg, PA 17257. This proposed facility is located in Letterkenny/Southampton Townships, Franklin County. Description of Proposed Action/Activity: Construction/Operation of sewerage facilities consisting of: a grinder pump system serving Upper Strasburg and Pleasant Hall with a 2Љ to 8Љ diameter force main. WQM Permit No. 2170410, Amendment 08-1, Sewage, Lower Allen Township Authority, 120 Limekiln Road, New Cumberland, PA 17070. This proposed facility is located in Lower Allen Township, Cumberland County. Description of Proposed Action/Activity: Construction/Operation of sewerage facilities consisting of: replacement of manually cleaned bar screen with self-cleaning screen, replacement of biosolids system with an Autothermal Thermophilic Aerobic Digester and a Storage, Nitrification Denitrification Reactor, centrifudge dewatering system, biofilter odor control and future lime feed equipment. Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481. WQM Permit No. WQG018633, Sewerage, William R. Turner, 6332 Meadowrue Lane, Erie, PA 16505-1026. This proposed facility is located in Fairview Township, Erie County. Description of Proposed Action/Activity: A Single-Residence Sewage Treatment Plant. WQM Permit No. WQG018637, Sewerage, William E. Allison, 6910 Orangeville Road, Sharpsville, PA 16150. This proposed facility is located in south Pymatuning Township, Mercer County. Description of Proposed Action/Activity: A Single-Residence Sewage Treatment Plant. WQM Permit No. 2508403, Sewerage, Millcreek Township Sewer Authority, 3608 West 26th Street, Erie, PA 16506-2509. This proposed facility is located in Millcreek Township, Erie County. Description of Proposed Action/Activity: This project involves the construction of a sanitary sewer 8Љ PVC gravity main line, 1 1/4Љ HDPE low pressure forcemain, service laterals, pump station and 4Љ PVC forcemain. Construction is anticipated to begin in Spring 2008. WQM Permit No. WQG018635, Sewerage, Ronald H. Morse, 874 Bartlett Road, Harborcreek, PA 16421. This proposed facility is located in Harborcreek Township, Erie County. Description of Proposed Action/Activity: A Single-Residence Sewage Treatment Plant. WQM Permit No. WQG018634, Sewerage, Coralie J. Kartesz, 6464 East Lake Road, Harborcreek, PA 16421. This proposed facility is located in Harborcreek Township, Erie County. Description of Proposed Action/Activity: A Single-Residence Sewage Treatment Plant. WQM Permit No. WQG028315, Sewerage, Farmington Township, P. O. Box 148, 32691 Route 66, Leeper, PA 16233. This proposed facility is located in Farmington Township, Clarion County. Description of Proposed Action/Activity: Water and Sewer Extension Project Phase IV. WQM Permit No. 4208401, Sewerage, Stephen Sherk, 20 Yohe Road, Bradford, PA 16701. This proposed facility is located in Corydon Township, McKean County. Description of Proposed Action/Activity: A Single-Residence Sewage Treatment Plant.

IV. NPDES Stormwater Discharges from MS4 Permit Actions

V. NPDES Waiver Stormwater Discharges from MS4 Actions

VI. NPDES Discharges of Stormwater Associated with Construction Activities Individual Permit Actions

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4421

Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI024807014 Traditions of America, LP Northampton Hanover Township Monocacy Creek 1 Saucon View Drive HQ-CWF Bethlehem, PA 18017 PAI021308001 Blue Mountain Ski Area Carbon Lower Towamensing Aquashicola Creek Land Development Township HQ-CWF, MF P. O. Box 216 Palmerton, PA 18071-0216 PAI025205006 Forest Glen Estates Pike Delaware Township Dingman’s Creek 826 Broadway HQ-CWF 11th Floor Adams Creek New York, NY 10003 EV PAI023908007 Miller Road Farms, LLC Lehigh Lynn Township School Creek 8730 Claussville Road EV Fogelsville, PA 18051 Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI030603003-R Edward J. Swoyer Berks City of Reading Schuylkill River 19 North 6th Street WWF Suite 200 Reading, PA 19608-8621 PAI030507003 Department of Transportation Bedford Hopewell Township Bank Run-Yellow Creek Engineering District 9-0 HQ-CWF 1620 North Juniata Street Hollidaysburg, PA 16648 Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. Cambria County Conservation District, 401 Candlelight Drive, Suite 221, Ebensburg, PA 15931, (814) 472-2120. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI051105003 (1) Fiberblade, LLC Cambria Cambria Township Stewarts Run 100 Commerce Drive HQ-CWF Ebensburg, PA 15931 Somerset County Conservation District, Somerset County AG Center, 6024 Glades Pike, Suite 103, Somerset, PA 15501, (814) 445-4652. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI055608001 The Buncher Company Somerset Jefferson Township Kooser Run/Laurel Hill 5600 Forward Avenue Creek Pittsburgh, PA 15217 HQ-CWF Washington County Conservation District, 602 Courthouse Square, Washington, PA 15301, (724) 228-6774. NPDES Applicant Name & Receiving Permit No. Address County Municipality Water/Use PAI056308001 Department of Transportation Washington South Strabane UNT to Little Chartiers 825 Gallatin Avenue Township Creek Uniontown, PA 15401 HQ-WWF

VII. Approvals to Use NPDES and/or Other General Permits The EPA Region III Administrator has waived the right to review or object to this permit action under the waiver provision 40 CFR 123.23(d).

List of NPDES and/or Other General Permit Types PAG-1 General Permit for Discharges From Stripper Oil Well Facilities PAG-2 General Permit for Discharges of Stormwater Associated With Construction Activities (PAR) PAG-3 General Permit for Discharges of Stormwater From Industrial Activities PAG-4 General Permit for Discharges From Small Flow Treatment Facilities

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4422 NOTICES

PAG-5 General Permit for Discharges From Gasoline Contaminated Groundwater Remediation Systems PAG-6 General Permit for Wet Weather Overflow Discharges From Combined Sewer Systems (CSO) PAG-7 General Permit for Beneficial Use of Exceptional Quality Sewage Sludge by Land Application PAG-8 General Permit for Beneficial Use of Nonexceptional Quality Sewage Sludge by Land Application to Agricultural Land, Forest, a Public Contact Site or a Land Reclamation Site PAG-8 (SSN) Site Suitability Notice for Land Application Under Approved PAG-8 General Permit Coverage PAG-9 General Permit for Beneficial Use of Residential Septage by Land Application to Agricultural Land, Forest, or a Land Reclamation Site PAG-9 (SSN) Site Suitability Notice for Land Application Under Approved PAG-9 General Permit Coverage PAG-10 General Permit for Discharge Resulting from Hydrostatic Testing of Tanks and Pipelines PAG-11 (To Be Announced) PAG-12 Concentrated Animal Feeding Operations (CAFOs) PAG-13 Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)

General Permit Type—PAG-2 Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Mayfield Borough PAG2003508006(1) Phyllis Jaskowiec Hosie Creek Lackawanna County Lackawanna Mayfield Borough CWF Conservation District County 739 Penn Avenue (570) 281-9495 Mayfield, PA 18433 West Hanover PAG2002208022 Lee Frey Classic Manada Creek Dauphin County Township Communities Corp. WWF Conservation District Dauphin County 2151 Linglestown Road 1451 Peters Mountain Harrisburg, PA 17112 Road Dauphin, PA 17018 (717) 921-8100 Lower Swatara PAR10I217R John A. Kerschner Susquehanna River Dauphin County Township Greenwood Hills WWF Conservation District Dauphin County Partnership 1451 Peters Mountain 7300 Derry Street Road Harrisburg, PA 17111 Dauphin, PA 17018 (717) 921-8100 South Hanover PAG2002208021 David H. Hogg Swatara Creek Dauphin County Township Central PA Equities 10, WWF Conservation District Dauphin County LLC 1451 Peters Mountain 146 Pine Grove Circle Road Suite 100 Dauphin, PA 17018 York, PA 17403 (717) 921-8100 North Woodbury PAG2000708013 Blair County Airport Plum Creek Blair County Township Authority WWF Conservation District Blair County 2 Airport Drive 1407 Blair Street Martinsburg, PA 16662 Hollidaysburg, PA 16648 (814) 696-0877, Ext. 5 Springettsbury PAG2006708038 James O’Polka Mill Creek—Codorus York County Conservation Township Whiteford Investments, Creek District York County LLC WWF 118 Pleasant Acres Road 1885 Whiteford Road York, PA 17402 York, PA 17402 (717) 840-7430 York Haven PAS10Y070R-1 PPI Corp. Susquehanna River York County Conservation Borough 2 North 9th Street WWF District Newberry Township Allentown, PA 18101 118 Pleasant Acres Road York County York, PA 17402 (717) 840-7430 Howe Township PAG2035008007 HAMM Equities UNT to Juniata River Perry County Perry County 2520 Renaissance WWF Conservation District Boulevard P. O. Box 36 King of Prussia, PA 31 West Main Street 19406 New Bloomfield, PA 17068 (717) 582-5119

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4423

Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Manheim Township PAG2006707088 Cynthia and Steven Gun Powder Falls York County Conservation York County Yingling WWF District 4464 Glenville Road 118 Pleasant Acres Road Glen Rock, PA 17327 York, PA 17402 (717) 840-7430 Dover Township PAG2006705051 Brenda Nestor UNT to Fox Run York County Conservation York County Fox Run Creek Estates, TSF District LP 118 Pleasant Acres Road 1250 East Hallandale York, PA 17402 Beach Boulevard (717) 840-7430 Suite 300 Hallendale, FL 33009 Monaghan PAG2006708016 JVH Properties, LLC Fishers Run York County Conservation Township 700 Ayers Avenue CWF District York County Lemoyne, PA 17043 118 Pleasant Aces Road York, PA 17402 (717) 840-7430 Springettsbury PAG2006703095-R Michael J. Weaver UNT to Codorus Creek York County Conservation Township Judd Builders Developers WWF District York County 1750 Walton Road 118 Pleasant Acres Road P. O. Box 1650 York, PA 17402 Blue Bell, PA 19422 (717) 840-7430 Hellam Township PAG2006707060-1 Ashton Investment Kreutz Creek York County Conservation York County Group WWF District 336 West King Street 118 Pleasant Acres Road Lancaster, PA 17603 York, PA 17402 (717) 840-7430 Hanover Borough PAG2006708015 ACTS 617 Group South Branch Conewago York County York County 10 Clover Lane Creek Conservation District Downingtown, PA 19335 WWF 118 Pleasant Acres Road York, PA 17402 (717) 840-7430 East Cocalico PAG2003608023 Reamstown Church of Cocalico Creek Lancaster County Township God WWF Conservation District Lancaster County 57 East Church Street 1383 Arcadia Road Reamstown, PA 17567 Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5 East Cocalico PAG2003608024 E & J Development, LLC Cocalico Lancaster County Township 109 Springville Road Creek—Conestoga River Conservation District Lancaster County Kinzers, PA 17535 WWF 1383 Arcadia Road Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5 Clay Township PAG2003608025 Eugene K. Martin Middle Creek Lancaster County Lancaster County 2000 West Route 897 WWF Conservation District Denver, PA 17517 1383 Arcadia Road Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5 East Donegal PAG2003608027 Edie Enterprises, LLC Susquehanna River Lancaster County Township P. O. Box 586 WWF Conservation District Lancaster County Columbia, PA 17512 1383 Arcadia Road Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5 New Holland PAG2003608035 Geoffrey H. Class UNT to Mill Creek Lancaster County Borough 508 West Main Street WWF Conservation District Lancaster County New Holland, PA 17551 1383 Arcadia Road Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4424 NOTICES

Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Ephrata Township PAG2003608036 Luke R. Zimmerman Muddy Creek Lancaster County Lancaster County 750 Gristmill Road WWF Conservation District Ephrata, PA 17522 1383 Arcadia Road Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5 West Lampeter PAG2003608037 David Charles Big Spring Run Lancaster County Township 26 Millersville Road WWF Conservation District Lancaster County Lancaster, PA 17603 1383 Arcadia Road Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5 West Lampeter PAG2003608039 Pete Kingsley UNT to Big Spring Run Lancaster County Township 22 Eagle Drive WWF Conservation District Lancaster County Lancaster, PA 17602 1383 Arcadia Road Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5 Clay Township PAG2003608040 Clay Township UNT to Middle Creek Lancaster County Lancaster County Supervisors WWF Conservation District 870 Durlach Road 1383 Arcadia Road Stevens, PA 17578 Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5 Manheim Township PAG2003608041 Manheim Township UNT to Little Conestoga Lancaster County Lancaster County School District Creek Conservation District 2933 Lititz Pike WWF 1383 Arcadia Road Lititz, PA 17543 Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5 East Hempfield PAG2003608043 Kline Family Partnership Chickies Creek Lancaster County Township 5 Holland Street WWF Conservation District Lancaster County Salunga, PA 17538 1383 Arcadia Road Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5 East Lampeter PAG2003608044 High Real Estate Group UNT to Conestoga River Lancaster County Township 1893 William Penn Way WWF Conservation District Lancaster County Lancaster, PA 17605 1383 Arcadia Road Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5 Ephrata Township PAG2003608045 Gerry Horst Cocalico Creek Lancaster County Lancaster County 120 North Pointe WWF Conservation District Boulevard 1383 Arcadia Road Lancaster, PA 17601 Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5 Ephrata Township PAG2003608046 Richard Bomberger Cocalico Creek Lancaster County Lancaster County 350 Lititz Road WWF Conservation District Manheim, PA 17545 1383 Arcadia Road Room 200 Lancaster, PA 17601 (717) 299-5361, Ext. 5 Ruscombmanor PAG2000603048R Andrew Martin Furnace Berks County Township M & A Excavating, LLC Creek—Schuylkill River Conservation District Berks County 1523 Memorial Highway TSF 1238 County Welfare Oley, PA 19547 Road Suite 200 Leesport, PA 19533-9710 (610) 372-4657, Ext. 201

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4425

Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Amity Township PAG2000607083 Amity Township UNT to Schuylkill River Berks County Berks County Berks County WWF Conservation District 1238 County Welfare Road Suite 200 Leesport, PA 19533-9710 (610) 372-4657, Ext. 201 Tilden Township PAR10C444-2 Tilden Township Schuylkill River Berks County Berks County Berks County WWF Conservation District 1238 County Welfare Road Suite 200 Leesport, PA 19533-9710 (610) 372-4657, Ext. 201 Amity Township PAG2000608025 James Hollenbach Schuylkill River Berks County Berks County Hollenbach Elliott WWF Conservation District Development Group, LLC 1238 County Welfare P. O. Box 507 Road Boyertown, PA 19512 Suite 200 Leesport, PA 19533-9710 (610) 372-4657, Ext. 201 Cumberland PAG000108001 Donald Yingling UNT to Plum Run Adams County Township D & L Enterprises WWF Conservation District Adams County 3574 Taneytown Road 670 Old Harrisburg Road Gettysburg, PA 17325 Suite 201 Gettysburg, PA 17325 (717) 334-0636 Hamilton Township PAG2000108008 Michelle Dawson South Branch Conewago Adams County Adams County Jeffrey Corporation Creek Conservation District 84 C Thomas Johnson WWF 670 Old Harrisburg Road Court Suite 201 Frederick, MD 21702 Gettysburg, PA 17325 (717) 334-0636 Highland Township PAG2000107014 Paul V. Davis Marsh Creek Adams County Adams County 75 Knoxlyn-Orrtanna CWF Conservation District Road 670 Old Harrisburg Road Gettysburg, PA 17325 Suite 201 Gettysburg, PA 17325 (717) 334-0636 Conewago Township PAG2000108017 Larry Redding Plum Creek Adams County Adams County 234 Grant Drive WWF Conservation District Hanover, PA 17331 670 Old Harrisburg Road Suite 201 Gettysburg, PA 17325 (717) 334-0636 East Berlin PAG2000108012 T. Michael Thomas UNT to West Conewago Adams County Borough East Berlin Area Joint Creek Conservation District Adams County Authority WWF 670 Old Harrisburg Road 128 Water Street Suite 201 East Berlin, PA 17316 Gettysburg, PA 17325 (717) 334-0636 Tuscarora Township PAG2033408003 Department of Laurel Run Juniata County Juniata County Transportation CWF Conservation District Engineering District 2-0 R. R. 5 P. O. Box 342 Box 35 Clearfield, PA 16830 Stoney Creek Drive Mifflintown, PA 17059 (717) 436-8953, Ext. 5

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4426 NOTICES

Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Manheim Township PAG2006708026 Department of UNT to Codorus Creek York County Conservation York County Transportation TSF District Engineering District 8-0 118 Pleasant Acres Road 2140 Herr Street York, PA 17402 Harrisburg, PA 17103 (717) 840-7430 East Manchester PAG2006705092 Snyder Hardware, Inc. Musser Run York County Township 119 West Lancaster WWF Conservation District Avenue 118 Pleasant Acres Road Shillington, PA 19607 York, PA 17402 (717) 840-7430 Fayette County PAG2002608017 Tom Beckowitz UNT to Redstone Creek Fayette County North Union Walsh Construction (WWF) Conservation District Township 225 Pittsburgh Street (724) 438-4497 Uniontown, PA 15401 Washington County PAG2006305027-1 W. G. Tomko UNT to Peters Creek Washington County Union Township Incorporated (WWF) Conservation District 2559 Route 88 (724) 228-6774 Finleyville, PA 15332 Washington County PAG2006308008 Bayard Crossing UNT to Chartiers Creek Washington County Cecil Township 2100 Corporate Drive WWF Conservation District Suite 250 (724) 228-6774 Wexford, PA 15090 Butler County PAG2001008012 Martin Olenic, UNT to Glade Run Butler County Middlesex Township Ibis Tek WWF Conservation District 912 Pittsburgh Road (724) 284-5270 Butler, PA 16002 Butler County PAG2-0010-08-017 Professional Office UNT to Brush Creek Butler County Cranberry Building and Thorn WWF Conservation District Township Hill Industrial Park (724) 284-5270 Parcel 537 Terrance Pegula East Resources, Inc. 301 Brush Creek Road Warrendale, PA 15086 Crawford County PAG2002008005 Meadville Medical Center French Creek Crawford County City of Meadville 751 Liberty Street WWF Conservation District Meadville, PA 16360 (814) 763-5269 Elk County PAG2002408001 Rocky Mountain Elk UNT Trout Run Elk County Conservation Benezette Township Foundation CWF District 178 Dogwood Road Bennett Branch (814) 776-5373 Weedville, PA 15868 Sinnemahoning Creek WWF Erie County PAG2002508010 SR 832 Section A04/ Lake Erie Municipal Erie County Conservation Millcreek Township SR 20 Section A04 Storm Sewer District Department of (814) 825-6403 Transportation 255 Elm Street P. O. Box 398 Oil City, PA 16301 Erie County PAG200250811 SR 832 Section A03/ Lake Erie Municipal Erie County Conservation Millcreek Township SR 5 Section A03 Storm Sewer District Department of (814) 825-6403 Transportation 255 Elm Street P. O. Box 398 Oil City, PA 16301

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4427

Facility Location: Municipality & Applicant Name & Receiving Contact Office & County Permit No. Address Water/Use Phone No. Erie County PAG2002508013 Eastern Reservoir UNT South Branch of Erie County Conservation Union Township Services French Creek District Universal Well Services, CWF (814) 825-6403 Inc. 16450 Route 8 Union City, PA 16438 Erie County PAG2002508018 Mercyhurst Northeast Sixteen Mile Creek Erie County Conservation Northeast Township Freshman Dormitory WWF; CF District Mercyhurst North East (814) 825-6403 10300 West Main Road P. O. Box 249 Northeast, PA 16428 McKean County PAG2064206001 Sections A02 and A03 Allegheny River DEP Liberty Township Department of CWF 230 Chestnut Street Transportation Meadville, PA 16335 1924 Daisy Street (814) 332-6945 Extension P. O. Box 342 Clearfield, PA 16830

General Permit Type—PAG-3 Facility Location & Applicant Name & Receiving Contact Office & Municipality Permit No. Address Water/Use Phone No. Berks County PAR203607 Engineered Materials UNT Schuylkill River DEP—SCRO Windsor Township (transfer) Solutions, LLC WWF 909 Elmerton Avenue 600 Valley Road 3-B Harrisburg, PA 17110 Hamburg, PA 19526 (717) 705-4707 Harborcreek PAR238334 Port Erie Plastics, Inc. Municipal stormwater DEP—NWRO Township 909 Troupe Road sewers to Seven Mile Water Management Erie County Harborcreek, PA 16421 Creek and Lake Erie 230 Chestnut Street Meadville, PA 16335-3481 (814) 332-6942

General Permit Type—PAG-4 Facility Location & Applicant Name & Receiving Contact Office & Municipality Permit No. Address Water/Use Phone No. Perry County PAG043711 Camille Otto UNT Fishing Creek DEP—SCRO Rye Township 100 Reed Drive CWF 909 Elmerton Avenue Marysville, PA 17053 Harrisburg, PA 17110 (717) 705-4707 York County PAG043878 Bruce and Pamela UNT Little Conewago DEP—SCRO Manchester Wegaman Creek 909 Elmerton Avenue Township 1340 Mill Creek Road TSF Harrisburg, PA 17110 York, PA 17404 (717) 705-4707 Harborcreek PAG048918 Eric S. Peterseim UNT to Lake Erie DEP—NWRO Township 140 Kraus Drive 15 Water Management Erie County Erie, PA 16511-1624 230 Chestnut Street Meadville, PA 16335-3481 (814) 332-6942 Fairview Township PAG049444 William R. Turner UNT to Trout Run DEP—NWRO Erie County 6332 Meadowrue Lane 15-TR Water Management Erie, PA 16505-1027 230 Chestnut Street Meadville, PA 16335-3481 (814) 332-6942 Ashland Township PAG048561 Russell J. Lander, Jr. UNT to Cogley Run DEP—NWRO Clarion County 1347 Golf Course Road 16-G Water Management Cranberry, PA 16319 230 Chestnut Street Meadville, PA 16335-3481 (814) 332-6942

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4428 NOTICES

Facility Location & Applicant Name & Receiving Contact Office & Municipality Permit No. Address Water/Use Phone No. South Pymatuning PAG049448 William E. Allison UNT to Pymatuning DEP—NWRO Township 6910 Orangeville Road Creek Water Management Mercer County Sharpsville, PA 16150 20-A 230 Chestnut Street Meadville, PA 16335-3481 (814) 332-6942 Harborcreek PAG049446 Ronald H. Morse UNT to Elliotts Run DEP—NWRO Township 874 Bartlett Road 15 Water Management Erie County Harborcreek, PA 16421 230 Chestnut Street Meadville, PA 16335-3481 (814) 332-6942 Harborcreek PAG049445 Coralie J. Kartesz UNT to Lake Erie DEP—NWRO Township 6464 East Lake Road 15 Water Management Erie County Harborcreek, PA 16421 230 Chestnut Street Meadville, PA 16335-3481 (814) 332-6942 General Permit Type—PAG-8 Facility Location & Applicant Name & Site Name & Contact Office & County/Municipality Permit No. Address Location Phone No. Conewago Township PAG083825 Dover Township Dover Township DEP—SCRO York County 2480 West Canal Road WWTF 909 Elmerton Avenue Dover, PA 17315 2480 West Canal Road Harrisburg, PA Dover, PA 17315 17110-8200 (717) 705-4707 General Permit Type—PAG-13 NPDES Applicant Name & Receiving DEP Protocol Permit No. Address County Municipality Water/Use (Y/N) PAG133708 Upper Allen Township Cumberland Upper Allen Watershed 7-E Y 100 Gettysburg Pike Township Trindle Spring Run Mechanicsburg, PA 17055 CWF Cedar Run CWF Yellow Breeches Creek CWF

PUBLIC WATER SUPPLY (PWS) For individuals who wish to challenge an action, ap- PERMITS peals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board. The Department of Environmental Protection has taken the following actions on applications received under the Important legal rights are at stake, however, so indi- Pennsylvania Safe Drinking Water Act (35 P. S. viduals should show this notice to a lawyer at once. §§ 721.1—721.17) for the construction, substantial modi- Persons who cannot afford a lawyer may qualify for free fication or operation of a public water system. pro bono representation. Call the Secretary to the Board Persons aggrieved by an action may appeal, under at (717) 787-3483 for more information. section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 SAFE DRINKING WATER (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Actions taken under the Pennsylvania Safe Drink- Carson State Office Building, 400 Market Street, P. O. ing Water Act Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, Southcentral Region: Water Supply Management Pro- (800) 654-5984. Appeals must be filed with the Board gram Manager, 909 Elmerton Avenue, Harrisburg, PA within 30 days of publication of this notice in the 17110. Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal Permit No. 0607504, Public Water Supply. form and the Board’s rules of practice and procedure may Applicant Greth Development Group be obtained from the Board. The appeal form and the Municipality Robeson Township Board’s rules of practice and procedure are also available in Braille or on audiotape from the Secretary of the Board County Berks at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law.

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4429

Type of Facility Construction of a new water Applicant Indiana County Municipal system to serve the proposed Services Authority Stone Ridge Subdivision. The 602 Kolter Drive system will consist of two Indiana, PA 15701 groundwater sources, Borough or Township disinfection, finished water storage and booster pumping County Indiana facilities. Type of Facility Transmission main Consulting Engineer Scott M. Rights, P. E. Consulting Engineer Gibson-Thomas Engineering Co., Steckbeck Engineering Inc. Associates 1004 Ligonier Street 279 North Zinns Mill Road P. O. Box 853 Lebanon, PA 17042 Latrobe, PA 15650 Permit to Construct July 24, 2008 Permit to Construct July 24, 2008 Issued Issued Southwest Region: Water Supply Management Program Northwest Region: Water Supply Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222- Manager, 230 Chestnut Street, Meadville, PA 16335-3481. 4745. Permit No. 2007503, Public Water Supply. Permit No. 1108501, Public Water Supply. Applicant Mitchell Lake Mobile Home Applicant East Taylor Municipal Park Authority Township or Borough Cambridge Township 403 Donruth Lane Johnstown, PA 15909 County Crawford County Borough or Township East Taylor Township Type of Facility Public Water Supply County Cambria Consulting Engineer Dennis A. DeSilvey, P. E. 211 Gearhart Road Type of Facility Booster pump station Pulaski, PA 16143 Consulting Engineer The EADS Group, Inc. Permit to Construct July 23, 2008 450 Aberdeen Drive Issued Somerset, PA 15501 Operations Permit issued to Country Acres Mobile Permit to Construct July 21, 2008 Home Park, Robert L. and Wanda S. Braymer, Issued Owners, PWSID No. 6200023, East Mead Township, Permit No. 6593510A1, Public Water Supply. Crawford County. Operations Permit, issued July 28, 2008, for the newly constructed greensand filtration Applicant Highridge Water Authority system, according to specifications approved by construc- 17 Maple Avenue tion permit 2007506, issued November 30, 2007. Blairsville, PA 15717 Operations Permit issued to Conneautville Bor- Borough or Township Buffington and Center ough, PWSID No. 6200019, Conneautville Borough, Townships Crawford County. Operations Permit, issued July 28, County Indiana 2008, for a 300,000 gallon finished water elevated storage Type of Facility Pump station, water storage tank and replacement of approximately 6,200 lineal feet tank and waterlines of water line, according to specifications approved by construction permit 2074501-MA2, issued May 25, 2006. Consulting Engineer Gibson-Thomas Engineering Co., Inc. SEWAGE FACILITIES ACT PLAN APPROVAL 1004 Ligonier Street P. O. Box 853 Plan Approvals Granted under section 5 of the Latrobe, PA 15650 Pennsylvania Sewage Facilities Act (35 P. S. § 750.5) Permit to Construct July 24, 2008 Issued Southcentral Region: Water Management Program Man- ager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) Operations Permit issued to Gray Area Water Au- 705-4707. thority, P. O. Box 118, Gray, PA 15544, (PWSID No. 4560036) Jenner Township, Somerset County on July Plan Location: 24, 2008, for the operation of facilities approved under Borough or Borough or Township Construction Permit No. 5694502A1. Township Address County Operations Permit issued to Hidden Valley Utility Allegheny 3131 Old 6th Avenue N Blair County Service, LP, 1 Craighead Drive, Hidden Valley, PA Township Duncansville, PA 16635 15502, (PWSID No. 4560049) Jefferson Township, Somerset County on July 24, 2008, for the operation of Plan Description: The approved plan provides for con- facilities approved under Construction Permit No. struction of a Small Flow Treatment Facility for the 5608502. Michael Civil’s property. The proposed sewage flows are 400 gpd with a discharge to a UNT of Sugar Run. The Permit No. 3208501MA, Minor Amendment, Public Department of Environmental Protection’s review of the Water Supply. sewage facilities update revision has not identified any

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4430 NOTICES significant environmental impacts resulting from this Northwest Region: Water Management Program Man- proposal. Any required NPDES Permits or WQM Permits ager, 230 Chestnut Street, Meadville, PA 16335-3481. must be obtained in the name of the municipality or Plan Location: authority as appropriate. Borough or Borough or Township Plan Location: Township Address County Borough or Borough or Township Corydon 2474 West Washington McKean Township Address County Township Street County Bradford, PA 16701 Jackson 439 Roths Church Road York County Township Spring Grove, PA 17362 Plan Description: The approved plan provides for docu- menting the existing sewerage system serving the USDA Plan Description: Project Independence, A3-67931- Bradford District Ranger Station in the Allegheny Na- 244-3: The approved plan provides for a one lot commer- tional Forest. The existing facilities consist of gravity and cial development on 230 acres with total estimated pressure sewers and an aerated lagoon sewage treatment sewage flows of 50,000 gpd tributary to the Jackson system with spray irrigation disposal. The sewerage Township Wastewater Treatment Plant. The proposed system serves 4.25 EDUs. The proposed renovation and development is located on the northern side of the replacement of administrative facilities at the site and intersection of Hidden Lane and Commerce Drive in future growth is expected to add an additional .95 EDUs. Jackson Township, York County. Any required NPDES SEWAGE FACILITIES ACT PLAN DISAPPROVAL Permits or WQM Permits must be obtained in the name of the municipality or authority as appropriate. Plan Disapprovals Granted under section 5 of the Pennsylvania Sewage Facilities Act (35 P. S. Plan Location: § 750.5) Borough or Borough or Township Southcentral Region: Water Management Program Man- Township Address County ager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) East Coclico 100 Hill Road Lancaster 705-4707. Township Denver, PA 17517 County Plan Location: Plan Description: The approved plan provides for exten- Borough or Borough or Township sion of sewer service to the Lakeside, Smokestown and Township Address County Pinewood areas and replacement of the Stevens Pump Sadsbury 7182 White Oak Road Lancaster Station with a new pump station. The plan approval also Township Christiana, PA 17509 County requires use of preliminary hydrogeologic studies under a Plan Description: The plan for Amos E. Stoltzfus subdi- Component 2 module for all proposed subdivisions propos- vision, A3-36949-218-2, APS 647336, was disapproved ing onlot disposal. The ID number for this plan update is because the preliminary Hydrogeologic study, which ac- F1-36924-ACT and the APS number is 631804. The companies the module, was prepared using water sample Department of Environmental Protection’s review of the data that was collected in September and November of sewage facilities update revision has not identified any 2006. The Department of Environmental Protection will significant environmental impacts resulting from this not accept a study that uses water sample data that is proposal. Any required NPDES Permits or WQM Permits over 1 year old. New water samples must be taken to must be obtained in the name of the municipality or document current groundwater conditions. The prelimi- authority as appropriate. nary hydrogeologic study may have to be updated to reflect any documented changes in the groundwater Plan Location: nitrate-nitrogen levels. Borough or Borough or Township LAND RECYCLING AND Township Address County ENVIRONMENTAL REMEDIATION West 852 Village Road Lancaster Lampeter P. O. Box 237 County UNDER ACT 2, 1995 Township Lampeter, PA 17537 PREAMBLE 2 Plan Description: The approved plan provides a pro- The following plans and reports were submitted posed subdivision of mixed density residential develop- under the Land Recycling and Environmental ment to include 349 EDUs generating 122,120 gpd in Remediation Standards Act (35 P. S. §§ 6026.101— sewage flows tributary to a proposed pump station and 6026.908). force main to be dedicated to the Suburban Lancaster Sewer Authority. Sewage will then be tributary to Subur- Provisions of Chapter 3 of the Land Recycling and ban Lancaster Sewer Authority collection lines and the Environmental Remediation Standards Act (act) require City of Lancaster’s Stevens Avenue and Conestoga Gar- the Department of Environmental Protection (Depart- dens pump stations and the City of Lancaster’s Wastewa- ment) to publish in the Pennsylvania Bulletin a notice of ter Treatment Facility. The ID number for this revision is submission of plans and reports. A final report is submit- A3-36961-258-3 and the APS number is 648662. The ted to document cleanup of a release of a regulated Department of Environmental Protection’s review of the substance at a site to one of the act’s remediation sewage facilities update revision has not identified any standards. A final report provides a description of the site significant environmental impacts resulting from this investigation to characterize the nature and extent of proposal. Any required NPDES Permits or WQM Permits contaminants in environmental media, the basis for se- must be obtained in the name of the municipality or lecting the environmental media of concern, documenta- authority as appropriate. tion supporting the selection of residential or nonresiden-

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4431 tial exposure factors, a description of the remediation Southcentral Region: Environmental Cleanup Program performed and summaries of sampling analytical results Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. which demonstrate that remediation has attained the John F. Lengel, Inc., Wernersville Facility, Lower cleanup standard selected. Submission of plans and re- Heidelberg Township, Berks County. Liberty Environ- ports, other than the final report, shall also be published mental, Inc., 10 North 5th Street, Suite 200, Reading, PA in the Pennsylvania Bulletin. These include the remedial 19601, on behalf of John F. Lengel, Inc., 6841 Penn investigation report, risk assessment report and cleanup Avenue, Wernersville, PA 19565, submitted a Final Report plan for a Site-Specific Standard remediation. A remedial concerning remediation of site soils contaminated with investigation report includes conclusions from the site No. 2 fuel oil. The report is intended to document investigation, concentration of regulated substances in remediation of the site to the Statewide Health Standard. environmental media; benefits of refuse of the property Ames True Temper, Harrisburg City, Dauphin and, in some circumstances, a fate and transport analy- County. BB & J, LLC, 1641 Saw Mill Run Boulevard, sis. If required, a risk assessment report describes poten- Pittsburgh, PA 15210-3433, on behalf of Ames True tial adverse effects caused by the presence of regulated Temper, 465 Railroad Avenue, Camp Hill, PA 17001, substances. If required, a cleanup plan evaluates the submitted a combined remedial investigation and Final abilities of potential remedies to achieve remedy require- Report concerning remediation of site soils contaminated ments. with fuel oil released during removal of underground storage tanks. The report is intended to document For further information concerning plans or reports, remediation of the site to the Site-Specific Standard. contact the Environmental Cleanup Program manager in Turkey Hill Store No. 126, Borough of Leesport, the Department regional office after which the notice of Berks County. Liberty Environmental, Inc., 10 North receipt of plans or reports appears. If information con- Fifth Street, Suite 800, Reading, PA 19601, on behalf of cerning plans or reports is required in an alternative Turkey Hill Minit Markets, 257 Centerville Road, form, contact the Community Relations Coordinator at Lancaster, PA 17603, submitted a Final Report concerning the appropriate regional office. TDD users may telephone remediation of site soils contaminated with unleaded the Department through the AT&T Relay Service at (800) gasoline. The report was submitted within 90 days of the 654-5984. release and is intended to document remediation of the site to the Statewide Health Standard. The Department has received the following plans and reports: Strube, Inc., Marietta Borough, Lancaster County. Gemchem, Inc., 53 North Cedar Street, Lititz, PA 17543, Southeast Region: Environmental Cleanup Program on behalf of Strube, Inc., 629 West Market Street, Manager, 2 East Main Street, Norristown, PA 19401. Marietta, PA 17547, submitted a Final Report concerning remediation of site soils contaminated with mineral oil Boiler Erection & Repair Company, Inc., Amble from two buried drums. The report is intended to docu- Borough, Montgomery County, Jason Hanna, Langan ment remediation of the site to the Statewide Health Engineering and Environmental Services, 2700 Kelly Standard. Road, Suite 200, Warrington, PA 18976, Nick DeRose Bryan Horetsky Residence, Taylor Township, Blair Langan Engineering and Environmental Services, 2700 County. Groundwater and Environmental Services, Inc., Kelly Road, Suite 200, Warrington, PA 18976 on behalf of 6 Sheraton Drive, Suite 2, Altoona, PA 16601, on behalf of John Carey, Industrial Management Associates, Inc., 200 Bryan Horetsky, 131 Brumbaugh Road, Roaring Spring, Main Street, Ambler, PA 19002, William Bonenberger, PA 16673, submitted a Final Report concerning site soils Tenisci Acquisition, LP, 404 Sumnytown Pike, North and groundwater contaminated with No. 2 fuel oil. The Wales, PA 19454 has submitted a Final Report concerning report is intended to document remediation of the site to remediation of site groundwater contaminated with the Statewide Health Standard. PAH’s. The report is intended to document remediation of the site to meet the Site-Specific Standard. Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701. GE Elmwood Avenue Facility, City of Philadelphia, ACP Manufacturing, Lawrenceville Borough, Tioga Philadelphia County. Kristien Rolison, P. E., MHW County, Teeter Environmental, R. R. 1, Box 124B, Sayre, Americas, Inc., 335 Phoenixville Pike, Malvern, PA 19355, PA 1840 on behalf of ACP Manufacturing, 115 Gulick on behalf of General Electric Co., Hal Heckman, 6901 Street, Blossburg, PA 16912 has submitted a Final Report Elmwood Avenue, Philadelphia, PA 19142 has submitted a concerning remediation of site groundwater contaminated Risk Assessment Report concerning remediation of site with propylene glycol. The report is intended to document soils and groundwater contaminated with No. 6 fuel oil, remediation of the site to meet the Statewide Health inorganic, lead and pcb. The report is intended to docu- Standard. ment remediation of the site to meet the Site-Specific Standard. LAND RECYCLING AND ENVIRONMENTAL REMEDIATION Kardon Park, Borough of Downingtown and East Caln Township, Chester County. Paul Stratman, P. E., P. G., UNDER ACT 2, 1995 Advance GeoService Corporation, 1055 Andrew Drive, PREAMBLE 3 Suite A, West Chester, PA 19380 on behalf of Steve Sullins, Borough of Downingtown, 6 West Lancaster The Department has taken action on the following Avenue, Downingtown, PA 19335 has submitted a Risk plans and reports under the Land Recycling and Assessment Report/Remedial Investigation Report and Environmental Remediation Standards Act (35 Cleanup Plan concerning remediation of site groundwater P. S. §§ 6026.101—6026.908). and soil contaminated with inorganics. The report is intended to document remediation of the site to meet the Provisions of 25 Pa. Code § 250.8, administration of the Site-Specific Standard. Land Recycling and Environmental Remediation Stan-

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4432 NOTICES dards Act (act), require the Department of Environmental Final Report demonstrated attainment of the Statewide Protection (Department) to publish in the Pennsylvania Health Standard and was approved by the Department of Bulletin a notice of final actions on plans and reports. A Environmental Protection on July 10, 2008. final report is submitted to document cleanup of a release Bryn Mawr Hospital, Lower Merion Township, Mont- of a regulated substance at a site to one of the remedia- gomery County. Robert Terfenko, Center Point Service, tion standards of the act. A final report provides a Inc., 526 Benjamin Franklin Highway, Douglassville, PA description of the site investigation to characterize the 19518 on behalf of Al Leone, Bryn Mawr Hospital, 130 nature and extent of contaminants in environmental South Bryn Mawr Avenue, Bryn Mawr, PA 19010 has media, the basis of selecting the environmental media of submitted a Final Report concerning the remediation of concern, documentation supporting the selection of resi- site soil contaminated with no. 2 fuel oil. The Final dential or nonresidential exposure factors, a description of Report demonstrated attainment of the Statewide Health the remediation performed and summaries of sampling Standard and was approved by the Department of Envi- methodology and analytical results which demonstrate ronmental Protection on July 21, 2008. that the remediation has attained the cleanup standard selected. Plans and reports required by provisions of the Miller & Son Paving, Warminster Township, Bucks act for compliance with selection of remediation to a County. Joseph LaPann, Keith Valley Environmental Site-Specific Standard, in addition to a final report, Inc., 151 Keith Valley Road, Horsham, PA 19044 on include a remedial investigation report, risk assessment behalf of John McGrath, Five Pond, LP, 1262 Wood Lane, report and cleanup plan. A remedial investigation report Suite 207, Langhorne, PA 19047 has submitted a Final includes conclusions from the site investigation, concen- Report concerning the remediation of site soil contami- tration of regulated substances in environmental media, nated with No. 2 fuel oil. The Final Report demonstrated benefits of refuse of the property and, in some circum- attainment of the Statewide Health Standard and was stances, a fate and transport analysis. If required, a risk approved by the Department of Environmental Protection assessment report describes potential adverse effects on July 25, 2008. caused by the presence of regulated substances. If re- Yamamoto Farm, Newtown Township, Bucks quired, a cleanup plan evaluates the abilities of potential County. Scott Alderfer, Penn Environmental & Remedia- remedies to achieve remedy requirements. A work plan tion, Inc., 2755 Bergey Road, Hatfield, PA 19440 on behalf for conducting a baseline remedial investigation is re- of Lawrence Dugan, Orleans Homebuilders, Inc., 3333 quired by provisions of the act for compliance with Street Road, Bensalem, PA 19020 has submitted a Final selection of a special industrial area remediation. The Report concerning the remediation of site soil contami- baseline remedial investigation, based on the work plan, nated with no 2 fuel oil. The Final Report demonstrated is compiled into the baseline environmental report to attainment of the Statewide Health Standard and was establish a reference point to show existing contamina- approved by the Department of Environmental Protection tion, describe proposed remediation to be done and in- on July 21, 2008. clude a description of existing or potential public benefits of the use or reuse of the property. The Department may Northeast Region: Ronald S. Brezinski, Environmental approve or disapprove plans and reports submitted. This Cleanup Program Manager, 2 Public Square, Wilkes- notice provides the Department’s decision and, if relevant, Barre, PA 18711-0790. the basis for disapproval. Nicholson Steam Trap, City of Wilkes-Barre, For further information concerning the plans and re- Luzerne County. Richard Kranes, Goldman Environ- ports, contact the Environmental Cleanup Program man- mental Consultants, 60 Brooks Drive, Braintree, MA ager in the Department regional office before which the 02184 submitted a Final Report (on behalf of his client, notice of the plan or report appears. If information CIRCOR International, Inc., 25 Corporate Drive, Suite concerning a final report is required in an alternative 130, Burlington, MA 01803), concerning the remediation form, contact the Community Relations Coordinator at of site groundwater found to have been impacted by the appropriate regional office. TDD users may telephone volatile organics and inorganics. The report demonstrated the Department through the AT&T Relay Service at (800) attainment of the Site-Specific Standard, using pathway 654-5984. elimination and was approved on July 23, 2008. The Department has received the following plans and Southcentral Region: Environmental Cleanup Program reports: Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Southeast Region: Environmental Cleanup Program Former Grace Mine Facility/Bryne Eyre,NewMor- Manager, 2 East Main Street, Norristown, PA 19401. gan Borough, Berks County. Pennoni Associates, Inc., 3001 Market Street, Philadelphia, PA 19104, on behalf of Unitog Rental Services Facility, Bristol Borough Morgantown Properties, 502 Gordon Drive, Exton, PA Bucks County. Peter Milionis, ARCADIS US, Inc., 6 19341, submitted a risk assessment, remedial investiga- Terry Drive, Suite 300, Newtown, PA 18940 on behalf of tion and Final Report concerning remediation of site soils, Craig Eckstein, Lester Block, LLC, 420 Howell Street, groundwater, surface water and sediment contaminated Bristol, PA 19007 has submitted a Final Report concern- with petroleum compounds and metals. The reports dem- ing the remediation of site soil contaminated with chlori- onstrated attainment of a combination of the Nonresiden- nated solvent. The Final Report did not demonstrate tial Statewide Health and Site-Specific Standards and attainment of the Site-Specific Standard and was place on were approved by the Department of Environmental hold by the Department of Environmental Protection on Protection on July 14, 2008. July 24, 2008. Northcentral Region: Environmental Cleanup Program Smith Property, Bensalem Township, Bucks County. Manager, 208 West Third Street, Williamsport, PA 17701. Jason Free, PT Consultants, Inc., 1200 North Delsea Drive, Westville, NJ 08093 on behalf of Michael Smith, Proposed Rite Aid—Clearfield, Clearfield Borough, the GST Group, 2201 Bristol Pike, Bensalem, PA 19020 Clearfield County, Converse Consultants, 2738 West has submitted a Final Report concerning the remediation College Avenue, State College, PA 16801 on behalf of of site soil contaminated with benzene, naphthalene. The Clearfield Commercial Properties, LP, 1 Atlantic Avenue,

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Pittsburgh, PA 15202 has submitted a Remedial Investi- Southwest Region: Air Quality Program, 400 Waterfront gation Report and a Risk Assessment Report concerning Drive, Pittsburgh, PA 15222-4745, Mark Gorog and Barb remediation of site soil and groundwater contaminated Hatch, Environmental Engineer Managers, (412) 442- with petroleum constituents and chlorinated compounds. 4163/5226. The Remedial Investigation Report and Risk Assessment Report were approved by the Department of Environmen- GP5-26-00577: Atlas Pipeline Pennsylvania, LLC tal Protection on July 24, 2008. (P. O. Box 611, Moon Township, PA 15108) on July 28, Morgan Advanced Materials and Testing, Inc.— 2008, received authorization to use GP-5 to install and Pure Carbon Facility, Eulalia Township, Potter operate one Caterpillar G3516LE lean-burn natural gas- County, ATC Associates, Inc., 103 North Meadows Drive, fired engine rated at 1,340 bhp and one NATCO dehydra- Suite 215, Wexford, PA on behalf of Advanced Materials tor rated at 750,000 Btu/hr, at the Howser Compressor and Testing, Inc., 411 Hall Avenue, St. Mary’s, PA 15857 Station in Franklin Township, Fayette County. has submitted a Final Report concerning remediation of Northwest Region: Air Quality Program, 230 Chestnut site groundwater contaminated with dissolved-phased an- Street, Meadville, PA 16335-3481, George Monasky, New timony. The Final Report demonstrated attainment of the Source Review Chief, (814) 332-6940. Statewide Health Standard and was approved by the Department of Environmental Protection on July 15, GP-42-197A: Atlas Pipeline McKean, LLC— 2008. Irishtown Compressor Station (309 Sand Road, Lewis HAZARDOUS WASTE TREATMENT, STORAGE AND Run, PA 16738) on July 24, 2008, for a natural gas fired DISPOSAL FACILITIES compressor engine (BAQ-GPA/GP-5) in Lafayette Town- ship, McKean County. Permits issued under the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003) and Regula- Plan Approvals Issued under the Air Pollution Con- tions to Operate a Hazardous Waste Treatment, trol Act (35 P. S. §§ 4001—4015) and regulations in Storage, or Disposal Facility. 25 Pa. Code Chapter 127, Subchapter B relating to construction, modification and reactivation of air Southeast Region: Regional Solid Waste Manager, 2 contamination sources and associated air clean- East Main Street, Norristown, PA 19401. ing devices.

PAD085690592. Republic Environmental Systems Southeast Region: Air Quality Program, 2 East Main of Pennsylvania, LLC, 2869 Sandstone Drive, Hatfield, Street, Norristown, PA 19401, Sachin Shankar, New PA, Hatfield Township, Montgomery County. This per- Source Review Chief, (484) 250-5920. mit modification is for the transfer of ownership reflecting a business reorganization from a corporation (Republic 46-0269: Yellow Book USA, Inc. (2560 Renaissance Environmental Systems of Pennsylvania, Inc.) to a lim- Boulevard, King of Prussia, PA) on July 24, 2008, to ited liability company (Republic Environmental Systems install two diesel fuel-fired emergency generators to pro- of Pennsylvania, LLC). Permit modified by the Southeast vide backup power at a data processing center in Upper Regional Office effective July 17, 2008. Merion Township, Montgomery County. As a result of potential emissions of NOx, the facility is a State-only AIR QUALITY facility. The Plan Approval and Operating Permit will contain recordkeeping requirements and operating re- General Plan Approval and Operating Permit Usage strictions designed to keep the facility operating within Authorized under the Air Pollution Control Act all applicable air quality requirements. (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127 to construct, modify, reactivate or operate air Northeast Region: Air Quality Program, 2 Public contamination sources and associated air clean- Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New ing devices. Source Review Chief, (570) 826-2531. Northeast Region: Air Quality Program, 2 Public 48-309-130: Hercules Cement Co. (501 Hercules Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Drive, P. O. Box 69, Stockertown, PA 18083) on July 28, Source Review Chief, (570) 826-2531. 2008, to install a selective noncatalytic reduction (SNCR) system for the No. 1 cement kiln and the previously 40-302-170GP1: Valley Crest Nursing Home (1551 installed SNCR system for the No. 3 cement kiln in the East End Boulevard, Wilkes-Barre, PA 18711) on July 23, Borough of Stockertown, Northampton County. 2008, to operate two boilers at their site in Plains Township, Luzerne County. 52-310-012: Springbrook Enterprises, Inc. (504 Well 40-310-077GP3: Haines & Kibblehouse (P. O. Box Road, Hawley, PA 18428) on July 16, 2008, to install a 196, 2052 Lucon Road, Skippack, PA 19474) on July 23, crushing operation with water sprays at their facility in 2008, to construct and operate a Portable Crushing Blooming Grove Township, Wyoming County. Operation with water sprays at their site in Foster Southcentral Region: Air Quality Program, 909 Township, Luzerne County. Elmerton Avenue, Harrisburg, PA 17110, William R. Southcentral Region: Air Quality Program, 909 Weaver, New Source Review Chief, (717) 705-4702. Elmerton Avenue, Harrisburg, PA 17110, William R. Weaver, New Source Review Chief, (717) 705-4702. 21-05064D: Atlas Roofing Corp. (817 Spangler Road, Camp Hill, PA 17011-5823) on July 22, 2008, for alternate GP4-36-03176: Thermal Solutions Products, LLC chemical formulation in addition to the currently permit- (1175 Manheim Pike, Lancaster, PA 17604) on July 24, ted formulation in the foam manufacturing process at the 2008, for Burn Off Ovens under GP4 in the City of polyisocyanurate foam manufacturing facility in Camp Lancaster, Lancaster County. Hill Borough, Cumberland County.

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43-00272: Tennessee Gas Pipeline Co.—Station No. Plan Approval Revisions Issued including Exten- sions, Minor Modifications and Transfers of Own- 219—Mercer Plant (1211 Greenville-Mercer Road, Mer- ership under the Air Pollution Control Act (35 cer, PA 16137) on July 22, 2008, to re-issue a Title V P. S. §§ 4001—4015) and 25 Pa. Code §§ 127.13, Permit to operate a natural gas compressor station in 127.13a and 127.32. Jefferson Township, Mercer County. The facility’s major emission sources include 14 natural gas-fueled compres- Southeast Region: Air Quality Program, 2 East Main sors, three natural gas electric generators, fugitive miscel- Street, Norristown, PA 19401, Sachin Shankar, New laneous natural gas leakage, miscellaneous natural gas Source Review Chief, (484) 250-5920. usage and one parts washing machine. The facility is a major facility due to its potential to emit of VOCs, NOx 09-0176A: Metal Improvement Co., Inc. (3434 State and CO. Road, Bensalem, PA 19020) on July 23, 2008, to operate a chromium plating in Bensalem Township, Bucks Operating Permits for Non-Title V Facilities Issued County. under the Air Pollution Control Act (35 P. S. Southcentral Region: Air Quality Program, 909 §§ 4001—4015) and 25 Pa. Code Chapter 127, Elmerton Avenue, Harrisburg, PA 17110, William R. Subchapter F. Weaver, New Source Review Chief, (717) 705-4702. Southcentral Region: Air Quality Program, 909 36-05142A: Mars Snackfoods—US (295 Brown Street, Elmerton Avenue, Harrisburg, PA 17110, William R. Elizabethtown, PA 17022-2127) on July 30, 2008, to Weaver, New Source Review Chief, (717) 705-4702. install a new roasting system at their candy manufactur- ing facility in Elizabethtown Borough, Lancaster 21-03078: Carlisle Coating & Waterproofing, Inc. County. This plan approval was extended. (1275 Ritner Highway, Carlisle, PA 17013-9381) on July Southwest Region: Air Quality Program, 400 Waterfront 28, 2008, to install a rubberized asphalt sheeting line in Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. the renovated Kinney Shoe building in Carlisle Borough, Hatch, Environmental Engineer Managers, (412) 442- Cumberland County. 4163/5226. Northwest Region: Air Quality Program, 230 Chestnut 04-00699F: NGC Industries, Inc.—d/b/a/ National Street, Meadville, PA 16335-3481, Matthew Williams, Gypsum Co. (2001 Rexford Road, Charlotte, NC 28211) Facilities Permitting Chief, (814) 332-6940. on July 21, to increase the lbs/hr and tpy for two pollutants (PM-10 and VOC) for the cage mill and also 24-00132: Elk County Heat Treaters, Inc. (316 Bat- change the VOC facility-wide tpy limitation at their tery Street, St. Marys, PA 15857-1439) on July 22, 2008, Shippingport facility in Shippingport Borough, Beaver to re-issue a Natural Minor Operating Permit to their County. Also the Department of Environmental Protec- facility in the Borough of St. Marys, Elk County. The tion is issuing a plan approval extension that will expire facility’s primary emissions are from the seven small on November 16, 2008, for plan approval 04-00699F. Boilers used to provide process steam and from the eight Heat Treater Furnaces. 65-00837B: Dominion Transmission, Inc. (D.L. Clark Building, Suite 400, 501 Martindale Street, Pitts- 37-00241: Laurel School District—Laurel High burgh, PA 15212) on July 14, 2008, for Plan Approval School (R. R. 4, Box 30, New Castle, PA 16101) on July Modification and Extension at their Oakford Compressor 22, 2008, to re-issue a Natural Minor Operating Permit Station in Salem Township, Westmoreland County. The for their facility in Hickory Township, Lawrence purpose of this modification is to allow the installation of County. The facility’s primary emissions are two Boilers four oxidation catalysts (engines No. 2—4 and 8) at the used to provide heat and hot water to the facility. previously referenced facility. The plan approval has also been extended. Operating Permit Revisions Issued including Ad- Northwest Region: Air Quality Program, 230 Chestnut ministrative Amendments, Minor Modifications or Street, Meadville, PA 16335-3481, George Monasky, New Transfers of Ownership under the Air Pollution Source Review Chief, (814) 332-6940. Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code §§ 127.412, 127.450, 127.462 and 127.464. 24-083G: Carbone of America—Graphite Materials Div. (1032 Trout Run Road, St. Marys, PA 15857) on July Northwest Region: Air Quality Program, 230 Chestnut 31, 2008, to construct a CBH Kiln in Benzinger Township, Elk County. Street, Meadville, PA 16335-3481, Matthew Williams, Facilities Permitting Chief, (814) 332-6940. 24-083I: Carbone of America—Graphite Materials Div. (1032 Trout Run Road, St. Marys, PA 15857) on July 62-00012: Reliant Energy Mid-Atlantic Power 31, 2008, for Scrubber A emission limits in Benzinger Holdings, LLC—Warren Station (121 Champion Way, Township, Elk County. Suite 200, Canonsburg, PA 15317) on July 16, 2008, for an administrative amendment to the Title V Operating Title V Operating Permits Issued under the Air Permit to operate a combustion turbine in Conewango Pollution Control Act (35 P. S. §§ 4001—4015) and Township, Warren County. This amendment was for a 25 Pa. Code Chapter 127, Subchapter G. change of Responsible Official and minor administrative modifications. The responsible official was changed from Northwest Region: Air Quality Program, 230 Chestnut James V. Locher to Matt E. Greek. A list of additional Street, Meadville, PA 16335-3481, Matthew Williams, responsible officials provided by Reliant Energy was Facilities Permitting Chief, (814) 332-6940. added to Section G of the permit.

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ACTIONS ON COAL AND NONCOAL Knox District Mining Office: P. O. Box 669, 310 Best MINING ACTIVITY APPLICATIONS Avenue, Knox, PA 16232-0669, (814) 797-1191. 16050109 and NPDES Permit No. PA0257966. RFI Actions on applications under the Surface Mining Energy, Inc. (P. O. Box 162, Sligo, PA 16255) Revision to Conservation and Reclamation Act (52 P. S. a bituminous strip operation to change the land use from §§ 1396.1—1396.19a); the Noncoal Surface Mining forestland and pastureland to unmanaged natural habitat Conservation and Reclamation Act (52 P. S. ontheC&KCoal Company property in Perry Township, §§ 3301—3326); The Clean Streams Law (35 P. S. Clarion County. Revision also includes the addition of §§ 691.1—691.1001); the Coal Refuse Disposal Con- beneficial use of coal ash as a soil additive. Receiving trol Act (52 P. S. §§ 30.51—30.66); and The Bitumi- streams: Two UNTs to the Clarion River. Application nous Mine Subsidence and Land Conservation Act received May 20, 2008. Permit issued July 22, 2008. (52 P. S. §§ 1406.1—1406.21). The final action on 33070106 and NPDES Permit No. PA0258385. each application also constitutes action on the Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA request for 401 Water Quality Certification and 16001) Commencement, operation and restoration of a the NPDES permit application. Mining activity bituminous strip operation in Winslow Township, Jef- permits issued in response to the applications ferson County affecting 138.0 acres. Receiving streams: will also address the application permitting re- UNTs to Panther Run. Application received August 15, quirements of the following statutes: the Air 2007. Permit issued July 24, 2008. Quality Control Act (35 P. S. §§ 4001—4015); the Dam Safety and Encroachments Act (32 P. S. Moshannon District Mining Office: 186 Enterprise §§ 693.1—693.27); and the Solid Waste Manage- Drive, Philipsburg, PA 16866, (814) 342-8200. ment Act (35 P. S. §§ 6018.101—6018.1003). 17980104 and NPDES No. PA0237922. Swisher Contracting, Inc. (P. O. Box 1223, Clearfield, PA 16830), Coal Permits Actions permit renewal for reclamation only of a bituminous California District Office: 25 Technology Drive, Coal surface mine in Lawrence Township, Clearfield County, Center, PA 15423, (724) 769-1100. affecting 84.0 acres. Receiving streams: UNT to Moose Creek, Moose Creek and Orr’s Run to the West Branch of Permit Number 32021301 and NPDES Permit No. the Susquehanna River. There are no potable water PA0235458, TJS Mining, Inc., (2340 Smith Road, supply intakes within 10 miles downstream. Application Shelocta, PA 15774), to renew the permit for the received July 10, 2008. Permit issued July 14, 2008. Rossmoyne No. 1 Deep Mine in South Mahoning Town- ship, Indiana County and related NPDES permit. No Noncoal Permits Actions additional discharges. Application received August 14, Cambria District Mining Office: 286 Industrial Park 2007. Permit issued July 23, 2008 Road, Ebensburg, PA 15931, (814) 472-1900. Permit Number 30841312 and NPDES Permit No. 4274SM11 and NPDES No. PA0212512. New Enter- PA0013790, Consolidation Coal Company, (1 Bridge prise Stone & Lime Company, Inc., P. O. Box 77, New Street, Monongah, WV 26554), to renew the permit and Enterprise, PA 16664, revision of an existing limestone related NPDES permit and to revise the permit for the and dolostone quarry to allow the deepening of mining for Blacksville Mine No. 2 in Wayne, Jackson and Gilmore 13.3 acres on Phase 2A from the current 1,050Ј elevation Townships, Greene County to delete 5,970 subsidence to 850Ј elevation. A request was also approved to add 37.1 control plan area acres. No additional discharges. Applica- acres to the northeast side of the permit for the purpose tion received August 30, 2005. Permit issued July 23, of support only. A variance and a Chapter 105 encroach- 2008. ment were approved to disturb within 100 feet of Halter Cambria District Mining Office: 286 Industrial Park Creek but no closer than 25 feet. The variance and Road, Ebensburg, PA 15931, (814) 472-1900. encroachment begins 1,300 feet downstream from Halter Creek’s uppermost crossing of SR 0036 and extends for 56010106 and NPDES No. PA0249076. Marquise 700 feet on the east side of the stream. The mining Mining Corporation, P. O. Box 338, Blairsville, PA activity will consist of support activities and overburden 15717, permit renewal for the continued operation and removal to within 25 feet of the stream. The site is restoration of a bituminous surface and auger mine in located in Taylor Township, Blair County, affecting Shade Township, Somerset County, affecting 325.0 467.1 acres. Receiving streams: Halter and Plum Creeks. acres. Receiving streams: Dixie Run and Fallentimber The section of Halter Creek that receives the quarry Run classified for the following use: CWF. The first discharge currently has an existing use classification of downstream potable water supply intake from the point CWF; Halter Creek downstream from its confluence with of discharge is Cambria Somerset Authority Stonycreek Plum Creek has an existing use classification of HQ-CWF. SWI. Application received May 5, 2008. Permit issued Plum Creek from its confluence with Halter Creek up- July 21, 2008. stream to the SR 164 bridge has an existing use of Greensburg District Mining Office: Armbrust Profes- HQ-CWF. There are no potable water supply intakes sional Center, 8205 Route 819, Greensburg, PA 15601, within 10 miles downstream. Application received August (724) 925-5500. 23, 2007. Permit issued: July 21, 2008. Knox District Mining Office: P. O. Box 669, 310 Best GFCC No. 02-08-01 and NPDES Permit No. Avenue, Knox, PA 16232-0669, (814) 797-1191. PA0251330. Quality Aggregates, Inc. (200 Neville Road, Pittsburgh, PA 15225). Government Financed Con- 37930302. Quality Aggregates, Inc. (200 Neville struction Contract issued for reclamation of approxi- Road, Neville Island, PA 15225) Renewal of NPDES mately 30 acres of abandoned mine lands located in Permit No. PA0211583 in Slippery Rock Township, Findlay Township, Allegheny County. Receiving Lawrence County. Receiving streams: UNT to Slippery streams: UNT to Potato Garden Run. Application received Rock Creek. Application received June 20, 2008. Permit February 28, 2008. Contract issued July 24, 2008. issued July 23, 2008.

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Pottsville District Mining Office: 5 West Laurel Boule- 14084009. Wampum Hardware Co. (175 Prugh Road, vard, Pottsville, PA 17901, (570) 621-3118. Shelocta, PA 15774), blasting for Dave Myer Foundation, 301 Ernest Lane, State College, PA, Centre County. 58080808. Cathy Seamans, (R. R. 1, Box 40, Permit expires December 31, 2008. Permit issued July 22, Uniondale, PA 18470), commencement, operation and 2008. restoration of a quarry operation in Clifford Township, Susquehanna County affecting 5.0 acres, receiving 17084003. Wampum Hardware Co. (175 Prugh Road, stream: none. Application received January 30, 2008. Shelocta, PA 15774), blasting for the Riverhill Power Permit issued July 23, 2008. Plant Project located in Karthaus Township, Clearfield County. Permit expires December 31, 2009. Permit is- 58080817. Mark G. Walworth, (R. R. 1, Box 1339, sued July 22, 2008. Hallstead, PA 18822), commencement, operation and res- 17084004. Waroquier Coal Co. (P. O. Box 128, toration of a quarry operation in Great Bend Township, Clearfield, PA 16830), blasting on the Durandetta GFCC Susquehanna County affecting 5.0 acres, receiving No. 17-07-03 located in Knox Township, Clearfield stream: none. Application received February 27, 2008. County. Permit expires August 31, 2010. Permit issued Permit issued July 24, 2008. July 23, 2008. 46082801. Wissahickon Stone, Quarry, LLC, (1-A Pottsville District Mining Office: 5 West Laurel Boule- Waverly Road, Glenside, PA 19038), commencement, op- vard, Pottsville, PA 17901, (570) 621-3118. eration and restoration of a quarry operation in Cheltenham Township, Montgomery County affecting 39084116. Brubacher Excavating, Inc., (P. O. Box 4.94 acres, receiving stream: none. Application received 528, Bowmansville, PA 17507), construction blasting for June 12, 2008. Permit issued July 28, 2008. Applecross Airport Center in Hanover Township, Lehigh County with an expiration date of July 30, 2009. Permit ACTIONS ON BLASTING ACTIVITY issued July 21, 2008. APPLICATIONS 36084186. Gerlach’s Drilling & Blasting, (172 Bender Mill Road, Lancaster, PA 17603), construction Actions on applications under the Explosives Acts blasting for Longwood Square in East Donegal Township, of 1937 and 1957 (43 P. S. §§ 151—161); and 25 Lancaster County with an expiration date of July 20, Pa. Code § 211.124 (relating to blasting activity 2009. Permit issued July 24, 2008. permits). Blasting activity performed as part of a coal or noncoal mining activity will be regulated 36084187. Warren’s Excavating & Drilling, Inc., by the mining permit for that coal or noncoal (P. O. Box 1022, Honey Brook, PA 19344), construction mining activity. blasting for Lancaster General Women & Babies Hospital in East Hempfield Township, Lancaster County with an Blasting Permits Actions expiration date of July 1, 2009. Permit issued July 24, 2008. Cambria District Mining Office: 286 Industrial Park 36084188. Abel Construction Co., Inc., (P. O. Box Road, Ebensburg, PA 15931, (814) 472-1900. 476, Mountville, PA 17554), construction blasting for Southern Village, Route 741, Wabank Road in Lancaster 21084141. Warrens Excavating & Drilling, Inc., Township and City of Lancaster in Lancaster County P. O. Box 1022, Honey Brook, PA 19344-0902, blasting with an expiration date of July 24, 2009. Permit issued activity permit issued for residential development in East July 24, 2008. Pennsboro Township, Cumberland County. Blasting activity permit end date is July 1, 2009. Permit issued 38084121. Abel Construction Co., Inc., (P. O. Box July 14, 2008. 476, Mountville, PA 17554), construction blasting for Arbor Greene in North and South Londonderry Town- 21084142. Abel Construction Company, Inc.,P.O. ships, Lebanon County with an expiration date of Box 476, Mountville, PA 17554-0476, blasting activity October 26, 2009. Permit issued July 24, 2008. permit issued for residential development in Southampton and Shippensburg Townships, Cumber- 45084132. American Rock Mechanics, Inc., (7531 land County. Blasting activity permit end date is August Chestnut Street, Zionsville, PA 18092), construction blast- 17, 2009. Permit issued July 16, 2008. ing for Sciota Properties, LLC in Hamilton Township, Monroe County with an expiration date of July 21, Greensburg District Mining Office: Armbrust Profes- 2009. Permit issued July 24, 2008. sional Center, 8205 Route 819, Greensburg, PA 15601, 46084118. American Rock Mechanics, Inc., (7531 (724) 925-5500. Chestnut Street, Zionsville, PA 18092), construction blast- 03084002. Demtech, Inc. (65 Bold Mountain Road, ing for Heritage at Limerick in Limerick Township, Dubois, WY 82513). Blasting activity permit for demoli- Montgomery County with an expiration date of July 17, tion of the SR 58 Foxburg Bridge, located in Hovey 2009. Permit issued July 24, 2008. Township, Armstrong County with an expected dura- 52084115. Explosive Services, Inc., (7 Pine Street, tion of 60 days. Permit issued July 21, 2008. Bethany, PA 18431), construction blasting for a single dwelling in Dingman Township, Pike County with an 02084009. Kevin A. Klass (2739 Merryman’s Mill expiration date of July 24, 2009. Permit issued July 24, Road, Phoenix, MD 21131). Blasting activity permit for 2008. demolition of the Auborn Towers, located in the City of Pittsburgh, Allegheny County. Demolition is schedule 67084003. Explosives Experts, Inc., (P. O. Box 879, for July 28, 2008. Permit issued July 23, 2008. Sparks, MD 21152), construction blasting for Stapleton Residential Housing in Windsor Township, York County Moshannon District Mining Office: 186 Enterprise with an expiration date of December 30, 2008. Permit Drive, Philipsburg, PA 16866, (814) 342-8200. issued July 28, 2008.

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FEDERAL WATER POLLUTION 2. To construct and maintain a 48-inch diameter twin cell enclosure associated with the relocation of approxi- CONTROL ACT SECTION 401 mately 575 linear feet of the UNT to Poquessing Creek The Department of Environmental Protection (Depart- (WWF). ment) has taken the following actions on previously 3. To modify the existing 42-inch diameter culvert, received permit applications, requests for Environmental carrying TPK over UNT to Poquessing Creek by replacing Assessment approval and requests for Water Quality the existing inlet with a manhole. Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341). 4. To modify the existing 18-inch diameter pipe carry- ing TPK over UNT to Neshaminy Creek (WWF, MF, Tur1) Except as otherwise noted, the Department has granted associated with stormwater management facilities. 401 Water Quality Certification certifying that the con- struction and operation described will comply with the This site is located approximately 1,500 feet northeast applicable provisions of sections 301—303, 306 and 307 of of the intersection of Lincoln Highway (SR 0001) and the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) Street Road (SR 0132) (Langhorne, PA USGS Quadrangle and that the construction will not violate applicable N: 0.7 inch; W: 12.2 inches). Federal and State water quality standards. The issuance of this permit also constitutes approval of Persons aggrieved by an action may appeal, under a Water Quality Certification under Section 401 of the section 4 of the Environmental Hearing Board Act (35 Federal Water Pollution Control Act (33 U.S.C.A. P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 1341(a)). (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel E46-1024. Hatfield Quality Meats, Inc., 2700 Carson State Office Building, 400 Market Street, P. O. Clemens Road, P. O. Box 902, Hatfield, PA 19440, Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. Hatfield Township, Montgomery County, United States TDD users should contact the Environmental Hearing Army Corps of Engineers, Philadelphia District. Board (Board) through the Pennsylvania Relay Service, To construct and maintain a 340-foot-long extension to (800) 654-5984. Appeals must be filed with the Board an existing 54-inch-diameter RCP stream enclosure at the within 30 days of publication of this notice in the upstream end across a UNT to Skippack Creek (TSF) Pennsylvania Bulletin, unless the appropriate statute associated with the proposed building addition and the provides a different time period. Copies of the appeal access roadway. This work also includes the modification form and the Board’s rules of practice and procedure may and maintenance of an existing enclosure associated with be obtained from the Board. The appeal form and the the proposed access drive and the construction and Board’s rules of practice and procedure are also available maintenance of two outfall structures. The project is in Braille or on audiotape from the Secretary of the Board located along Clemens Road and southwest of the inter- at (717) 787-3483. This paragraph does not, in and of section of Fairgrounds and Clemens Roads (Telford, PA itself, create any right of appeal beyond that permitted by Quadrangle N: 4.0 inches; W: 9.5 inches). applicable statutes and decision law. The issuance of this permit also constitutes approval of For individuals who wish to challenge an action, ap- a Water Quality Certification under Section 401 of the peals must reach the Board within 30 days. A lawyer is Federal Water Pollution Control Act (33 U.S.C.A. not needed to file an appeal with the Board. 1341(a)). Important legal rights are at stake, however, so indi- Northeast Regional Office: Watershed Management Pro- viduals should show this notice to a lawyer at once. gram, 2 Public Square, Wilkes-Barre, PA 18711-0790. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board E35-417. Department of Transportation Engineer- at (717) 787-3483 for more information. ing District 4-0, 55 Keystone Industrial Park, Dumore, PA 18512. Roaring Brook Township, Lackawanna Actions on applications for the following activities County, United States Army Corps of Engineers, Balti- filed under the Dam Safety and Encroachments more District. Act (32 P. S. §§ 693.1—693.27), section 302 of the To construct and maintain a 275 foot long, 42-inch Flood Plain Management Act (32 P. S. § 679.302) diameter, corrugated stream enclosure in a tributary to and The Clean Streams Law (35 §§ 691.1—691.702) Roaring Brook (CWF). The project also includes the and Notice of Final Action for Certification under in-kind replacement of a 117 foot long, 48 inch half-round, section 401 of the FWPCA (33 U.S.C.A. § 1341). corrugated pipe. The project is located at SR 0084, Segment 0024, Offset 1911 (Olyphant, PA Quadrangle Permits, Environmental Assessments and 401 Water Latitude: N: 41° 23Ј 37Љ; Longitude: W: 75° 34Ј 16Љ). Quality Certifications Issued E58-277. Frank Holtsmaster, R. R. 1, Box 91H, WATER OBSTRUCTIONS AND ENCROACHMENTS Thompson, PA 18465. Lenox Township, Susquehanna E09-909. Turnpike Commission, P. O. Box 67676, County, United States Army Corps of Engineers, Balti- Harrisburg, PA 17106-7676, Bensalem Township, Bucks more District. County, United States Army Corps of Engineers, Phila- To maintain a 216 foot long, 24 inch diameter pipe delphia District. stream enclosure and to construct and maintain a 133 To perform the following activities associated with the foot long, 12 inch diameter pipe stream enclosure of a proposed northeast Slip Ramps at Street Road: tributary to Tunkhannock Creek (CWF). The project is located 0.36 mile north and 0.07 mile east of the intersec- 1. To place fill in 0.36 acre of wetland (PFO, PEM). tion of SR 0092 and SR 0081 (Lenoxville, PA Quadrangle This work includes a proposal to create 0.92 acre of Latitude: 41° 43Ј 9Љ; Longitude: 75° 39Ј 56Љ). (Subbasin: replacement wetlands onsite. 04F)

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4438 NOTICES

Southcentral Region: Water Management Program Man- screened inlet covers; 6) 30-foot long 6-inch diameter PVC ager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) pipe with the associated perforated screened inlet covers, 705-4707. attached to; and 7) 320-foot long 4-inch diameter PVC E22-536: James R. Gingrich, Farr’s Pump Station, pipe, all of which are in or under a UNT of Elk Creek Lower Swatara Municipal Authority, James R. Gingrich, located 150 yards north of the driveway entrance at 6771 1499 Spring Garden Drive, Middletown, PA 17057, Dau- Brush Valley Road. This permit was issued under Section phin County, United States Army Corps of Engineers, 105.13(e) ‘‘Small Projects.’’ This permit also includes Baltimore District. section 401 Water Quality Certification. To install and maintain a vault structure for a grinder E18-423. Texas Keystone, Inc., P. O. 130 Raymond pump and to permit operator access to influent sewer Drive, Indiana, PA 15701. Agenostelli-Mase Tangas- flow and to expand an existing concrete wet well support cootack Creek Road Crossing Project, in Beech Creek platform located in the floodplain of the Swatara Creek Township, Clinton County, United States Army Corps of (WWF). The project is located at 1301 Swatara Park Engineers, Baltimore District (Howard NW, PA Quad- rangle Latitude: 41° 08Ј 20.14Љ; Longitude: 77° 38Ј Drive (Middletown, PA Quadrangle N: 15.9 inches; Љ W: 13.7 inches, Latitude: 40° 12Ј 46Љ; Longitude: 76° 43Ј 45.30 ). 20Љ) in Swatara Township, Dauphin County. The purpose The applicant proposes to construct, operate and main- of the project is to upgrade the existing Farr’s pump tain a: (1) commercial road crossing Tangascootack Creek; station. (2) commercial road crossing a UNT to Tangascootack E05-344: Department of Transportation Engineer- Creek; and (3) 4-inch gas transmission line beneath ing District 9-0, 1620 North Juniata Street, Hol- Tangascootack Creek and associated wetlands for explora- lidaysburg, PA 16648, Hopewell Township, Bedford tion and development of the Agnostelli-Mase Natural Gas County, United States Army Corps of Engineers, Balti- Project. The road crossing Tangascootack Creek shall be more District. constructed and maintained with a single metal arch culvert pipe having a minimum span of 6-feet, rise of To remove a single span reinforced concrete T-beam 4-feet and length of 40-feet. The road crossing the UNT bridge having a clear span of 24.0 feet and an underclear- shall be constructed and maintained with a single plastic ance of 4.0 feet carrying SR 0026 over Bank Run culvert pipe having a minimum diameter of 30-inches. (HQ-CWF) (Hopewell, PA Quadrangle Latitude: 40° 9Ј The Tangascootack road crossings shall be constructed 27Љ; Longitude: 78° 18Ј 17Љ, N: 5.9 inches; W: 7.7 inches) with the culvert pipe being depressed a minimum of in and to construct and maintain a 64-foot long by 24-foot 1-foot beneath the streambed, whereas the culvert in the wide and 5-foot underclearance precast concrete box UNT shall be depressed 0.5-feet. The gas transmission culvert, to construct and maintain a temporary road line shall be installed by boring beneath the stream and crossing of Bank Run (HQ-CWF) (Hopewell, PA Quad- wetlands to provide a minimum depth of 3-feet between rangle Latitude: 40° 9Ј 27Љ; Longitude: 78° 18Ј 17Љ, N: 5.9 the streambed and top of pipe. The project is located inches; W: 7.7 inches) using three 36-inch diameter by along the eastern right-of-way of Beech Creek Road 51.5-foot long pipes, to construct and maintain a tempo- approximately 2.1-miles east of Peacock and Beech Creek rary road crossing of a PEM wetland using an 18-inch Roads intersection. This permit also authorizes 75-feet of diameter pipe and to temporarily divert Bank Run (HQ- stream restoration of the UNT to Tangascootack Creek to CWF) (Hopewell, PA Quadrangle Latitude: 40° 9Ј 27Љ; hydraulically reconnect the stream to its original channel Longitude: 78° 18Ј 17Љ, N: 5.9 inches; W: 7.7 inches) and flow path. using a 36-inch diameter by 195-foot long pipe. The project will permanently impact 0.5 acre PEM wetlands E60-193. Sandy K. and Michael A. Murafka, 279 and 92.5 feet of perennial stream and will temporarily Shady Lane, Williamsport, PA 17701-8419. Murafka impact 0.05 acre PEM wetlands and 195.0 feet of peren- Cabin Addition, in Hartley Township, Union County, nial stream in Hopewell Township, Bedford County. Com- United States Army Corps of Engineers, Baltimore Dis- pensatory mitigation for permanent wetland impacts will trict (Beavertown, PA Quadrangle Latitude: 40° 51Ј 41Љ; be provided at the Huntingdon Advanced Wetland Com- Longitude: 77° 14Ј 36Љ). pensation Site. To: 1) remove an attached, enclosed three-season 10- Northcentral Region: Water Management Program Man- foot by 24-foot room/porch from the west end of the ager, 208 West Third Street, Williamsport, PA 17701, (570) existing house; 2) construct and maintain a three-course 327-3636. high new cement block wall with louvered flood vents to elevate the first floor of the 24-foot by 36-foot existing E14-504. Jonas S. Miller, 6771 Brush Valley Road, house and a 30-foot by 22-foot house addition next to the Rebersburg, PA 16872. Miller Pond, in Miles Township, west end of the existing house so that the new combined Centre County, United States Army Corps of Engineers, floor will be at an elevation of 653 feet, which is 2.45 feet Baltimore District (Woodward, PA Quadrangle Latitude: Ј Љ Ј Љ higher than the predicted 100-year flood elevation. This N: 40° 58 26.16 ; Longitude: W: 77° 20 15.12 ). project is located in the left floodway of Penns Creek 0.4 To construct and maintain: 1) an earthen berm located mile down Zechman Lane from its intersection with 6 to 8 feet away from the adjacent stream; 2) keyed-in Creek Road (Beavertown, PA Quadrangle Latitude 40° 51Ј rip-rap bank protection on the left stream bank and outer 41Љ; Longitude 77° 14Ј 36Љ) in Hartley Township, Union pond embankment; 3) between the lower end of the pond County. This permit was issued under section 105.13(e) and SR 192: A) regrade and vegetate the unstable ‘‘Small Projects.’’ streambank sections to a more stable slope with a Southwest Region: Watershed Management Program minimum slope of 4 horizontal to 1 vertical, B) install Manager, 400 Waterfront Drive, Pittsburgh, PA 15222- stream bank fencing and two stable agricultural stream 4745. crossings; 4) a 6-inch diameter pond outfall pipe, the following three items are buried in either the UNT E02-1573. Premier Marine Salvage, LLC, 1290 streambed or its riparian floodway; 5) 350-foot long 4-inch Maple Street, Crescent, PA 15046. To operate and main- diameter PVC pipe with the associated perforated tain the existing barge mooring facility in Neville Town-

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4439 ship, Allegheny County, United States Army Corps of 2. Construct and maintain a 126-foot-long, 72-inch- Engineers, Pittsburgh District (Emsworth, PA Quadrangle diameter reinforced concrete pipe stream enclosure in a N: 2.1 inches; W: 16.6 inches, Latitude: 40° 30Ј 42Љ; tributary to Wolfe Run (WWF) and impacting 0.087 acre Longitude: 80° 07Ј 10Љ). To operate and maintain the of adjoining wetland (PEM) for construction of Woodbrook existing barge mooring facility approximately 900 feet in Drive approximately 950 feet south of Garvin Road. length and 130 feet wide and the existing ramp in the channel and along the left bank of the Ohio River (WWF) 3. Install and maintain two sanitary sewer line cross- located approximately 8,800.0 feet downstream from the ings of a tributary to Wolfe Run (WWF) and a sanitary Emsworth Dam. sewer line crossing of Wolfe Run (WWF). E11-330. Department of Transportation, District Project proposes construction of 0.174 acre of replace- 9-0, 1620 North Juniata Street, Hollidaysburg, PA 16648. ment wetland adjacent to a tributary to Wolfe Run on the To replace the existing bridge in Johnstown and West project site. Taylor Township, Cambria County, United States Army Corps of Engineers, Pittsburgh District (Johnstown, PA E20-569, Gary Baker, Meadville Medical Center, Quadrangle N: 18.0 inches; W: 9.1 inches, Latitude: 39° 751 Liberty Street, Meadville, PA 16335. Ambulatory 51Ј 44Љ; Longitude: 79° 03Ј 29Љ). To remove the existing Surgery Facility Addition, in the City of Meadville, SR 0403, two lane, 50 ft. wide, three span, bridge having Crawford County, United States Army Corps of Engi- a total length of 270 ft. and having maximum underclear- neers, Pittsburgh District (Meadville, PA Quadrangle ance of 31 ft. and to construct and maintain 110 ft. N: 41° 38Ј 1Љ;W:80° 8Ј 2Љ). upstream and to the south a 55 ft. total width, two lane, three span, replacement bridge having a sidewalk, a total To construct and maintain a 14,000 square foot ambula- length of 273 ft. and maximum underclearance of 31 ft. tory surgery addition to the Meadville Medical Center over the Conemaugh River (WWF). In addition, construct Grove Street facility over the existing concrete box stream and maintain a 368 ft. total length 20 ft. wide by 9.0 ft. enclosure in Neason Run on the Meadville Medical Cen- underclearance arch culvert replacement and extension to ter property having a section with 4.5-foot wide by 5-foot the existing 165 ft. long, 14 ft. by 9 ft. limiting dimension high waterway opening and having a section with a culvert on the adjoining St. Clair Run (CWF) to accommo- 6.7-foot wide by 3-foot high waterway opening located date the relocation of the western approach road; for adjacent to the intersection of Grove and Poplar Streets construction of the replacement bridge and removal of the (Meadville, PA Quadrangle N: 41° 38Ј 1Љ;W:80° 8Ј 2Љ)in existing bridge install a temporary causeway; and con- the City of Meadville, Crawford County. Project includes struct and maintain associated replacement stormwater maintenance of the existing stream enclosure (430 feet outfalls to the Conemaugh River (WWF). Stream impact within the permittee’s property) and construction and mitigation is provided in Beaverdam Creek and Bank maintenance of parking areas, a riparian restoration Run. The bridge improvement and relocation project is enhancement area, utilities and stormwater management located between the northern side of Johnstown and West facilities including a 1.5-foot diameter RCP stormwater Taylor Township and is within the Johnstown Flood outfall to Neason Run. Neason Run is a perennial stream Control Project. classified as a WWF. E63-607. Department of Transportation, District 12-0, 825 North Gallatin Avenue, Uniontown, PA 15401. SPECIAL NOTICES To construct a 52 foot long extension to an existing box culvert in Sorth Strabane Township, Washington Cambria District Mining Office: 286 Industrial Park County, United States Army Corps of Engineers, Pitts- Road, Ebensburg, PA 15931, (814) 472-1900. burgh District (Washington East, PA Quadrangle N: 7.5 inches; W: 6.5 inches, Latitude: 40° 9Ј 57Љ; Longitude: 80° EGS No. 11004. Clearfield Creek Watershed Asso- 10Ј 13Љ). To construct and maintain a 52 ft. long extension ciation, 216 Beldin Hollow Road, Ashville, PA 16613. to an existing 6 ft by 6 ft concrete box culvert in Little Rehabilitation of an abandoned mine treatment system Chartiers Creek (HQ-WWF) with a drainage area of 0.22 located on land owned by J. H. Hommer Family in Reade square mile and fill and maintain 0.002 acre of PEM Township, Cambria County. Project received July 22, wetland to facilitate widening and other improvements to 2008. SR 70. [Pa.B. Doc. No. 08-1466. Filed for public inspection August 8, 2008, 9:00 a.m.] Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335. E10-441, Mystic Ridge Subdivision, LLC,P.O.Box 221, Warrendale, PA 15086. Mystic Ridge Plan of Lots, in Municipal Recycling Program Performance Grant Cranberry Township, Butler County, United States Army Corps of Engineers, Pittsburgh District (Mars, PA Applications under Act 101, Section 904 of The Quadrangle N: 40° 44Ј 12.5Љ;W:80° 05Ј 15.6Љ). Municipal Waste Planning, Recycling and Waste Reduction Act of 1988 To conduct the following activities associated with the development of Mystic Ridge Plan of Lots, a residential subdivision along Garvin Road approximately 0.5 mile Application Period for Calendar Year 2007 west of Franklin Road. The Department of Environmental Protection (Depart- 1. Construct and maintain a 124-foot-long, 48-inch- ment) announces a request for applications from munici- diameter reinforced concrete pipe stream enclosure in a palities for recycling performance grant assistance for tributary to Wolfe Run (WWF) having a drainage area recycling programs under the Pennsylvania Municipal less than 100 acres and impacting 0.086 acre of adjoining Waste Planning, Recycling and Waste Reduction Act of wetland (PEM) for construction of Woodbrook Drive ap- 1988, Act 101, P. L. 556, Section 904. Municipalities proximately 550 feet south of Garvin Road. include counties, cities, boroughs, incorporated towns,

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4440 NOTICES townships, home rule municipalities, their authorities, 1) the date the materials were recycled/marketed; 2) the councils of governments, consortiums or similar entities type of material recycled/marketed; 3) the name of the established by two or more municipalities under 53 municipality where the material was generated; 4) Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental weight, stated in pounds or tons, of the material recycled/ cooperation). This application period is for eligible materi- marketed; and 5) the name of the entity that collected, als recycled and marketed in calendar year 2007. weighed and/or processed the material. Documentation Municipal Recycling Program Performance Grant funds supporting materials source separated from municipal will be awarded to municipalities based upon the weight waste by commercial/institutional establishments and of source separated recyclable materials identified in recycled/marketed must bear the name of the establish- § 1501(c)(1)(i) of Act 101 recovered by municipal recycling ment and the municipality where the establishment is programs, and the population of the municipality as located. determined by the most recent decennial census. Munici- palities will be eligible to receive an award based on a Acceptable documentation must be provided in one of formula of $5 for each Department approved ton of the following formats: 1) a dated weight/market receipt eligible recyclable materials recycled or marketed and $1 identifying the generator of the recyclable materials and per approved ton for each percentage of municipal waste the market; 2) a dated report submitted by the hauler or calculated by the Department to be diverted from dis- market on company letterhead clearly indicating the posal. The weight of eligible materials allowable from name of the company generating the recyclable materials; nonresidential (commercial, institutional and municipal) or 3) a dated report submitted by the generator, which is sources under the preceding formula will be limited to no signed by the hauler or market vendor that received the more than the weight of approved eligible materials from materials. Reports may be submitted on annual, monthly, residential sources. Any Department approved materials weekly or other time period format. All information must from nonresidential sources not factored into the preced- be legible. ing formula will be awarded a bonus of $10 per ton. The Department will not award grants calculated to be less Estimates of weight will not be accepted except in cases than $10. where: 1) the material is packaged in uniform bales and Applicants that have failed to comply with the condi- the average weight of a bale can be demonstrated and tions set forth in previously awarded grants, the recycling supported by weight receipts and a record of the number program performance requirements contained in Act 140 of bales was provided by the market vendors; or when, 2) of 2006, the grant requirements of Act 101, or the multiple generators contribute to a known quantity of regulations of the Act may not be awarded funds under marketed material, and the hauler or market estimates this grant program. Applicants must ensure that they are the quantities attributable to any individual establish- in compliance with § 272.314(b)(2) (relating to the sub- ment or municipality, and verifies the estimate with a mittal of the annual recycling report). signature. Eligible materials include post-consumer: clear glass, colored glass, aluminum cans, steel and bimetallic cans, Although the supporting documentation is not required high-grade office paper, newsprint, corrugated paper, to be submitted with the grant application, any documen- other marketable grades of paper and plastics. Grants tation provided must conform to the above requirements will be awarded only for properly documented, eligible or the materials claimed will not be credited toward the materials that were actually marketed on or after Janu- grant award. Potential applicants should review the ary 1, 2007, to and including, December 31, 2007. Grant Department’s booklet, ‘‘Documentation Requirements and funds will not be awarded for residues, materials not Examples’’ (www.depweb.state.pa.us, Keyword: ‘‘Recycling listed as eligible including, but not limited to, leaf and Grants’’), prior to completing the grant application. yard wastes, or any materials which cannot be docu- mented as being recycled into a new product or use. In Grant applications must be on forms provided by the particular, recovered glass that is being stockpiled or used Department for calendar year 2007. Grant applications as daily cover at a landfill will not be considered as must be delivered by 4 p.m., September 30, 2008, or recycled. Applicants must be able to document the postmarked on or before that day. Applications received amount of residue attributable to their recycling program. by the Department after the deadline will be returned to the applicant. Grant awards are predicated on the receipt Documentation to support all claims that eligible recy- of recycling fees required by Sections 701 and 702 of Act clable materials were generated within the municipality 101, and the availability of moneys in the Recycling and marketed must be made available for auditing by the Fund. Department, the Office of the Auditor General, the Office of the Treasurer or agents of those offices for 4 years. The Municipalities wishing to file an application should Department will not require applicants to retain hauler contact their County Recycling Coordinator or the Depart- customer lists; however, the lists may be required to be ment at the address that follows. Applications may also examined in the event of an audit. It will be the be obtained from the Department’s web site at applicant’s responsibility to arrange for hauler customer www.depweb.state.pa.us (Keyword: ‘‘Recycling Grants’’). lists to be provided, or for haulers to be present with Inquiries concerning this notice should be directed to their customer lists, during a grant audit. Supporting Mark Vottero, Bureau of Waste Management, Department documentation is not required to be submitted with the of Environmental Protection, Rachel Carson State Office application. Any tonnages not properly documented at the Building, P. O. Box 8472, Harrisburg, PA 17105-8472 or time of an audit will not be credited toward the appli- [email protected]. cant’s Performance Grant award. JOSEPH R. POWERS, Acceptable Supporting Documentation: Weight slips or Acting Secretary receipts verifying that the materials were recycled or [Pa.B. Doc. No. 08-1467. Filed for public inspection August 8, 2008, 9:00 a.m.] marketed are required as supporting documentation for the grant application. The documentation must include:

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4441

Statewide Water Resources Committee Meeting Pottstown, Montgomery County. Bids are due Thursday, October 16, 2008. Interested parties wishing to receive a The Statewide Water Resources Committee will meet copy of Solicitation No. 94227 should view the Depart- on August 22, 2008, at 9:30 a.m. in Room 105 of the ment’s web site at www.dgs.state.pa.us or call Lisa Ket- Rachel Carson State Office Building, 400 Market Street, tering at (717) 787-1321. Harrisburg, PA. The purpose of the meeting is to discuss JAMES P. CREEDON, the development of the State Water Plan. Secretary Questions concerning this meeting should be directed to [Pa.B. Doc. No. 08-1469. Filed for public inspection August 8, 2008, 9:00 a.m.] Susan Weaver at (717) 783-8055 or [email protected]. An agenda for the August 22, 2008, meeting, as well as notices of meeting changes will be available through the Public Participation Center on the Department of Envi- ronmental Protection’s (Department) web site at www. depweb.state.pa.us (DEP Keywords: Public Participation, DEPARTMENT OF HEALTH Participate). Pennsylvania Cancer Control, Prevention and Re- Persons in need of accommodations as provided for in search Advisory Board Meeting the Americans With Disabilities Act of 1990 should contact Susan Weaver at (717) 783-8055 or through the The Pennsylvania Cancer Control, Prevention and Re- Pennsylvania AT&T Relay Services at (800) 654-5984 search Advisory Board, established under the Pennsylva- (TDD) to discuss how the Department may accommodate nia Cancer Control, Prevention and Research Act (35 P. S. their needs. § 5633), will hold a meeting on Wednesday, September JOSEPH R. POWERS, 24, 2008, from 9 a.m. to 2 p.m., at the Dixon University Acting Secretary Center, 2986 North Second Street, Harrisburg, PA 17110. [Pa.B. Doc. No. 08-1468. Filed for public inspection August 8, 2008, 9:00 a.m.] For additional information, contact Kathleen A. Zitka, Chief, Department of Health, Comprehensive Cancer Con- trol Section, Room 1011, Health and Welfare Building, Harrisburg, PA at (717) 787-5251. Persons with disabilities who wish to attend the meet- DEPARTMENT OF ing and requiring an auxiliary aid, service or other accommodation should contact Kathleen A. Zitka at (717) 787-5251 or for speech and/or hearing impaired persons GENERAL SERVICES at V/TT (717) 783-6514 or the Pennsylvania AT&T Relay Real Estate for Sale Services at (800) 654-5984 (TT). Montgomery County This meeting is subject to cancellation without notice. CALVIN B. JOHNSON, M. D., M.P.H., The Department of General Services (Department) will Secretary accept bids for the purchase of .29-acre of land and [Pa.B. Doc. No. 08-1470. Filed for public inspection August 8, 2008, 9:00 a.m.] building formerly known as the Pottstown National Guard Armory located at 261 King Street, Borough of

DEPARTMENT OF PUBLIC WELFARE Income Limits and Co-payments for the Subsidized Child Care Program

The purpose of this notice is to increase the income limits codified at 55 Pa. Code Chapter 3041, Appendix B (relating to co-payment chart family co-payment scale (based on the 2008 FPIGs)) under 55 Pa. Code § 3041.107(b) (relating to availability and use of the Federal Poverty Income Guidelines). This increase is effective May 5, 2008. Section 3041.107(b) requires the Department of Public Welfare to update the co-payment schedule in 55 Pa. Code Chapter 3041, Appendix B to reflect changes in the Federal Poverty Income Guidelines (FPIG). Effective May 5, 2008, the income guidelines for the subsidized child care program are increased due to increases in the FPIG. The co-payment schedule is adjusted to reflect the increases. Chapter 3041, Appendix B also establishes the family co-payment levels according to the family’s computed annual income and lists the weekly family co-payment based on the annual family income. ESTELLE B. RICHMAN, Secretary

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4442 NOTICES

Co-Payment Chart Family Co-Payment Scale

(Based on the 2008 Federal Poverty Income Guidelines)

Weekly Family Size: 1 Family Size: 2 Family Size: 3 Co-pay Annual Income Annual Income Annual Income $5.00 Less than: $8,400 Less than: $12,000 Less than: $13,600 $10.00 $8,400.01 $10,400 $12,000.01 $14,000 $13,600.01 $15,600 $15.00 $10,400.01 $12,400 $14,000.01 $16,000 $15,600.01 $17,600 $20.00 $12,400.01 $14,400 $16,000.01 $18,000 $17,600.01 $19,600 $25.00 $14,400.01 $16,400 $18,000.01 $20,000 $19,600.01 $21,600 $30.00 $16,400.01 $18,400 $20,000.01 $22,000 $21,600.01 $23,600 $35.00 $18,400.01 $20,400 $22,000.01 $24,000 $23,600.01 $25,600 $40.00 $20,400.01 $22,400 $24,000.01 $26,000 $25,600.01 $27,600 $45.00 $22,400.01 $24,400 $26,000.01 $28,000 $27,600.01 $29,600 $50.00 $24,400.01 $24,440 $28,000.01 $30,000 $29,600.01 $31,600 $55.00 $30,000.01 $32,000 $31,600.01 $33,600 $60.00 $32,000.01 $32,900 $33,600.01 $35,600 $65.00 $35,600.01 $37,600 $70.00 $37,600.01 $39,600 $75.00 $39,600.01 $41,360 200% FPIG $20,800 200% FPIG $28,000 200% FPIG $35,200

Weekly Family Size: 4 Family Size: 5 Family Size: 6 Co-pay Annual Income Annual Income Annual Income $5.00 Less than: $15,200 Less than: $16,800 Less than: $18,400 $10.00 $15,200.01 $17,200 $16,800.01 $18,800 $18,400.01 $20,400 $15.00 $17,200.01 $19,200 $18,800.01 $20,800 $20,400.01 $22,400 $20.00 $19,200.01 $21,200 $20,800.01 $22,800 $22,400.01 $24,400 $25.00 $21,200.01 $23,200 $22,800.01 $24,800 $24,400.01 $26,400 $30.00 $23,200.01 $25,200 $24,800.01 $26,800 $26,400.01 $28,400 $35.00 $25,200.01 $27,200 $26,800.01 $28,800 $28,400.01 $30,400 $40.00 $27,200.01 $29,200 $28,800.01 $30,800 $30,400.01 $32,400 $45.00 $29,200.01 $31,200 $30,800.01 $32,800 $32,400.01 $34,400 $50.00 $31,200.01 $33,200 $32,800.01 $34,800 $34,400.01 $36,400 $55.00 $33,200.01 $35,200 $34,800.01 $36,800 $36,400.01 $38,400 $60.00 $35,200.01 $37,200 $36,800.01 $38,800 $38,400.01 $40,400 $65.00 $37,200.01 $39,200 $38,800.01 $40,800 $40,400.01 $42,400 $70.00 $39,200.01 $41,200 $40,800.01 $42,800 $42,400.01 $44,400 $75.00 $41,200.01 $43,200 $42,800.01 $44,800 $44,400.01 $46,400 $80.00 $43,200.01 $45,200 $44,800.01 $46,800 $46,400.01 $48,400 $85.00 $45,200.01 $47,200 $46,800.01 $48,800 $48,400.01 $50,400 $90.00 $47,200.01 $49,200 $48,800.01 $50,800 $50,400.01 $52,400 $95.00 $49,200.01 $49,820 $50,800.01 $52,800 $52,400.01 $54,400 $100.00 $52,800.01 $54,800 $54,400.01 $56,400 $105.00 $54,800.01 $56,800 $56,400.01 $58,400 $110.00 $56,800.01 $58,280 $58,400.01 $60,400 $115.00 $60,400.01 $62,400 $120.00 $62,400.01 $64,400

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4443

Weekly Family Size: 4 Family Size: 5 Family Size: 6 Co-pay Annual Income Annual Income Annual Income $125.00 $64,400.01 $66,400 $130.00 $66,400.01 $66,740 200% FPIG $42,400 200% FPIG $49,600 200% FPIG $56,800

Weekly Family Size: 7 Family Size: 8 Family Size: 9 Co-pay Annual Income Annual Income Annual Income $5.00 Less than: $20,000 Less than: $21,600 Less than: $23,200 $10.00 $20,000.01 $22,000 $21,600.01 $23,600 $23,200.01 $25,200 $15.00 $22,000.01 $24,000 $23,600.01 $25,600 $25,200.01 $27,200 $20.00 $24,000.01 $26,000 $25,600.01 $27,600 $27,200.01 $29,200 $25.00 $26,000.01 $28,000 $27,600.01 $29,600 $29,200.01 $31,200 $30.00 $28,000.01 $30,000 $29,600.01 $31,600 $31,200.01 $33,200 $35.00 $30,000.01 $32,000 $31,600.01 $33,600 $33,200.01 $35,200 $40.00 $32,000.01 $34,000 $33,600.01 $35,600 $35,200.01 $37,200 $45.00 $34,000.01 $36,000 $35,600.01 $37,600 $37,200.01 $39,200 $50.00 $36,000.01 $38,000 $37,600.01 $39,600 $39,200.01 $41,200 $55.00 $38,000.01 $40,000 $39,600.01 $41,600 $41,200.01 $43,200 $60.00 $40,000.01 $42,000 $41,600.01 $43,600 $43,200.01 $45,200 $65.00 $42,000.01 $44,000 $43,600.01 $45,600 $45,200.01 $47,200 $70.00 $44,000.01 $46,000 $45,600.01 $47,600 $47,200.01 $49,200 $75.00 $46,000.01 $48,000 $47,600.01 $49,600 $49,200.01 $51,200 $80.00 $48,000.01 $50,000 $49,600.01 $51,600 $51,200.01 $53,200 $85.00 $50,000.01 $52,000 $51,600.01 $53,600 $53,200.01 $55,200 $90.00 $52,000.01 $54,000 $53,600.01 $55,600 $55,200.01 $57,200 $95.00 $54,000.01 $56,000 $55,600.01 $57,600 $57,200.01 $59,200 $100.00 $56,000.01 $58,000 $57,600.01 $59,600 $59,200.01 $61,200 $105.00 $58,000.01 $60,000 $59,600.01 $61,600 $61,200.01 $63,200 $110.00 $60,000.01 $62,000 $61,600.01 $63,600 $63,200.01 $65,200 $115.00 $62,000.01 $64,000 $63,600.01 $65,600 $65,200.01 $67,200 $120.00 $64,000.01 $66,000 $65,600.01 $67,600 $67,200.01 $69,200 $125.00 $66,000.01 $68,000 $67,600.01 $69,600 $69,200.01 $71,200 $130.00 $68,000.01 $70,000 $69,600.01 $71,600 $71,200.01 $73,200 $135.00 $70,000.01 $72,000 $71,600.01 $73,600 $73,200.01 $75,200 $140.00 $72,000.01 $74,000 $73,600.01 $75,600 $75,200.01 $77,200 $145.00 $74,000.01 $75,200 $75,600.01 $77,600 $77,200.01 $79,200 $150.00 $77,600.01 $79,600 $79,200.01 $81,200 $155.00 $79,600.01 $81,600 $81,200.01 $83,200 $160.00 $81,600.01 $83,600 $83,200.01 $85,200 $165.00 $83,600.01 $83,660 $85,200.01 $87,200 $170.00 $87,200.01 $89,200 $175.00 $89,200.01 $91,200 $180.00 $91,200.01 $92,120 200% FPIG $64,000 200% FPIG $71,200 200% FPIG $78,400

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4444 NOTICES

Weekly Family Size: 10 Family Size: 11 Family Size: 12 Co-pay Annual Income Annual Income Annual Income $5.00 Less than: $24,800 Less than: $26,400 Less than: $28,000 $10.00 $24,800.01 $26,800 $26,400.01 $28,400 $28,000.01 $30,000 $15.00 $26,800.01 $28,800 $28,400.01 $30,400 $30,000.01 $32,000 $20.00 $28,800.01 $30,800 $30,400.01 $32,400 $32,000.01 $34,000 $25.00 $30,800.01 $32,800 $32,400.01 $34,400 $34,000.01 $36,000 $30.00 $32,800.01 $34,800 $34,400.01 $36,400 $36,000.01 $38,000 $35.00 $34,800.01 $36,800 $36,400.01 $38,400 $38,000.01 $40,000 $40.00 $36,800.01 $38,800 $38,400.01 $40,400 $40,000.01 $42,000 $45.00 $38,800.01 $40,800 $40,400.01 $42,400 $42,000.01 $44,000 $50.00 $40,800.01 $42,800 $42,400.01 $44,400 $44,000.01 $46,000 $55.00 $42,800.01 $44,800 $44,400.01 $46,400 $46,000.01 $48,000 $60.00 $44,800.01 $46,800 $46,400.01 $48,400 $48,000.01 $50,000 $65.00 $46,800.01 $48,800 $48,400.01 $50,400 $50,000.01 $52,000 $70.00 $48,800.01 $50,800 $50,400.01 $52,400 $52,000.01 $54,000 $75.00 $50,800.01 $52,800 $52,400.01 $54,400 $54,000.01 $56,000 $80.00 $52,800.01 $54,800 $54,400.01 $56,400 $56,000.01 $58,000 $85.00 $54,800.01 $56,800 $56,400.01 $58,400 $58,000.01 $60,000 $90.00 $56,800.01 $58,800 $58,400.01 $60,400 $60,000.01 $62,000 $95.00 $58,800.01 $60,800 $60,400.01 $62,400 $62,000.01 $64,000 $100.00 $60,800.01 $62,800 $62,400.01 $64,400 $64,000.01 $66,000 $105.00 $62,800.01 $64,800 $64,400.01 $66,400 $66,000.01 $68,000 $110.00 $64,800.01 $66,800 $66,400.01 $68,400 $68,000.01 $70,000 $115.00 $66,800.01 $68,800 $68,400.01 $70,400 $70,000.01 $72,000 $120.00 $68,800.01 $70,800 $70,400.01 $72,400 $72,000.01 $74,000 $125.00 $70,800.01 $72,800 $72,400.01 $74,400 $74,000.01 $76,000 $130.00 $72,800.01 $74,800 $74,400.01 $76,400 $76,000.01 $78,000 $135.00 $74,800.01 $76,800 $76,400.01 $78,400 $78,000.01 $80,000 $140.00 $76,800.01 $78,800 $78,400.01 $80,400 $80,000.01 $82,000 $145.00 $78,800.01 $80,800 $80,400.01 $82,400 $82,000.01 $84,000 $150.00 $80,800.01 $82,800 $82,400.01 $84,400 $84,000.01 $86,000 $155.00 $82,800.01 $84,800 $84,400.01 $86,400 $86,000.01 $88,000 $160.00 $84,800.01 $86,800 $86,400.01 $88,400 $88,000.01 $90,000 $165.00 $86,800.01 $88,800 $88,400.01 $90,400 $90,000.01 $92,000 $170.00 $88,800.01 $90,800 $90,400.01 $92,400 $92,000.01 $94,000 $175.00 $90,800.01 $92,800 $92,400.01 $94,400 $94,000.01 $96,000 $180.00 $92,800.01 $94,800 $94,400.01 $96,400 $96,000.01 $98,000 $185.00 $94,800.01 $96,800 $96,400.01 $98,400 $98,000.01 $100,000 $190.00 $96,800.01 $98,800 $98,400.01 $100,400 $100,000.01 $102,000 $195.00 $98,800.01 $100,580 $100,400.01 $102,400 $102,000.01 $104,000 $200.00 $102,400.01 $104,400 $104,000.01 $106,000 $205.00 $104,400.01 $106,400 $106,000.01 $108,000 $210.00 $106,400.01 $108,400 $108,000.01 $110,000 $215.00 $108,400.01 $109,040 $110,000.01 $112,000 $220.00 $112,000.01 $114,000

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4445

Weekly Family Size: 10 Family Size: 11 Family Size: 12 Co-pay Annual Income Annual Income Annual Income $225.00 $114,000.01 $116,000 $230.00 $116,000.01 $117,500 200% FPIG $85,600 200% FPIG $92,800 200% FPIG $100,000

Weekly Family Size: 13 Family Size: 14 Family Size: 15 Co-pay Annual Income Annual Income Annual Income $5.00 Less than: $29,600 Less than: $31,200 Less than: $32,800 $10.00 $29,600.01 $31,600 $31,200.01 $33,200 $32,800.01 $34,800 $15.00 $31,600.01 $33,600 $33,200.01 $35,200 $34,800.01 $36,800 $20.00 $33,600.01 $35,600 $35,200.01 $37,200 $36,800.01 $38,800 $25.00 $35,600.01 $37,600 $37,200.01 $39,200 $38,800.01 $40,800 $30.00 $37,600.01 $39,600 $39,200.01 $41,200 $40,800.01 $42,800 $35.00 $39,600.01 $41,600 $41,200.01 $43,200 $42,800.01 $44,800 $40.00 $41,600.01 $43,600 $43,200.01 $45,200 $44,800.01 $46,800 $45.00 $43,600.01 $45,600 $45,200.01 $47,200 $46,800.01 $48,800 $50.00 $45,600.01 $47,600 $47,200.01 $49,200 $48,800.01 $50,800 $55.00 $47,600.01 $49,600 $49,200.01 $51,200 $50,800.01 $52,800 $60.00 $49,600.01 $51,600 $51,200.01 $53,200 $52,800.01 $54,800 $65.00 $51,600.01 $53,600 $53,200.01 $55,200 $54,800.01 $56,800 $70.00 $53,600.01 $55,600 $55,200.01 $57,200 $56,800.01 $58,800 $75.00 $55,600.01 $57,600 $57,200.01 $59,200 $58,800.01 $60,800 $80.00 $57,600.01 $59,600 $59,200.01 $61,200 $60,800.01 $62,800 $85.00 $59,600.01 $61,600 $61,200.01 $63,200 $62,800.01 $64,800 $90.00 $61,600.01 $63,600 $63,200.01 $65,200 $64,800.01 $66,800 $95.00 $63,600.01 $65,600 $65,200.01 $67,200 $66,800.01 $68,800 $100.00 $65,600.01 $67,600 $67,200.01 $69,200 $68,800.01 $70,800 $105.00 $67,600.01 $69,600 $69,200.01 $71,200 $70,800.01 $72,800 $110.00 $69,600.01 $71,600 $71,200.01 $73,200 $72,800.01 $74,800 $115.00 $71,600.01 $73,600 $73,200.01 $75,200 $74,800.01 $76,800 $120.00 $73,600.01 $75,600 $75,200.01 $77,200 $76,800.01 $78,800 $125.00 $75,600.01 $77,600 $77,200.01 $79,200 $78,800.01 $80,800 $130.00 $77,600.01 $79,600 $79,200.01 $81,200 $80,800.01 $82,800 $135.00 $79,600.01 $81,600 $81,200.01 $83,200 $82,800.01 $84,800 $140.00 $81,600.01 $83,600 $83,200.01 $85,200 $84,800.01 $86,800 $145.00 $83,600.01 $85,600 $85,200.01 $87,200 $86,800.01 $88,800 $150.00 $85,600.01 $87,600 $87,200.01 $89,200 $88,800.01 $90,800 $155.00 $87,600.01 $89,600 $89,200.01 $91,200 $90,800.01 $92,800 $160.00 $89,600.01 $91,600 $91,200.01 $93,200 $92,800.01 $94,800 $165.00 $91,600.01 $93,600 $93,200.01 $95,200 $94,800.01 $96,800 $170.00 $93,600.01 $95,600 $95,200.01 $97,200 $96,800.01 $98,800 $175.00 $95,600.01 $97,600 $97,200.01 $99,200 $98,800.01 $100,800 $180.00 $97,600.01 $99,600 $99,200.01 $101,200 $100,800.01 $102,800 $185.00 $99,600.01 $101,600 $101,200.01 $103,200 $102,800.01 $104,800 $190.00 $101,600.01 $103,600 $103,200.01 $105,200 $104,800.01 $106,800 $195.00 $103,600.01 $105,600 $105,200.01 $107,200 $106,800.01 $108,800 $200.00 $105,600.01 $107,600 $107,200.01 $109,200 $108,800.01 $110,800

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4446 NOTICES

Weekly Family Size: 13 Family Size: 14 Family Size: 15 Co-pay Annual Income Annual Income Annual Income $205.00 $107,600.01 $109,600 $109,200.01 $111,200 $110,800.01 $112,800 $210.00 $109,600.01 $111,600 $111,200.01 $113,200 $112,800.01 $114,800 $215.00 $111,600.01 $113,600 $113,200.01 $115,200 $114,800.01 $116,800 $220.00 $113,600.01 $115,600 $115,200.01 $117,200 $116,800.01 $118,800 $225.00 $115,600.01 $117,600 $117,200.01 $119,200 $118,800.01 $120,800 $230.00 $117,600.01 $119,600 $119,200.01 $121,200 $120,800.01 $122,800 $235.00 $119,600.01 $121,600 $121,200.01 $123,200 $122,800.01 $124,800 $240.00 $121,600.01 $123,600 $123,200.01 $125,200 $124,800.01 $126,800 $245.00 $123,600.01 $125,600 $125,200.01 $127,200 $126,800.01 $128,800 $250.00 $125,600.01 $125,960 $127,200.01 $129,200 $128,800.01 $130,800 $255.00 $129,200.01 $131,200 $130,800.01 $132,800 $260.00 $131,200.01 $133,200 $132,800.01 $134,800 $265.00 $133,200.01 $134,420 $134,800.01 $136,800 $270.00 $136,800.01 $138,800 $275.00 $138,800.01 $140,800 $280.00 $140,800.01 $142,800 $285.00 $142,800.01 $142,880 200% FPIG $107,200 200% FPIG $114,400 200% FPIG $121,600

Weekly Family Size: 16 Family Size: 17 Family Size: 18 Co-pay Annual Income Annual Income Annual Income $5.00 Less than: $36,400 Less than: $38,000 Less than: $39,600 $10.00 $36,400.01 $38,400 $38,000.01 $40,000 $39,600.01 $41,600 $15.00 $38,400.01 $40,400 $40,000.01 $42,000 $41,600.01 $43,600 $20.00 $40,400.01 $42,400 $42,000.01 $44,000 $43,600.01 $45,600 $25.00 $42,400.01 $44,400 $44,000.01 $46,000 $45,600.01 $47,600 $30.00 $44,400.01 $46,400 $46,000.01 $48,000 $47,600.01 $49,600 $35.00 $46,400.01 $48,400 $48,000.01 $50,000 $49,600.01 $51,600 $40.00 $48,400.01 $50,400 $50,000.01 $52,000 $51,600.01 $53,600 $45.00 $50,400.01 $52,400 $52,000.01 $54,000 $53,600.01 $55,600 $50.00 $52,400.01 $54,400 $54,000.01 $56,000 $55,600.01 $57,600 $55.00 $54,400.01 $56,400 $56,000.01 $58,000 $57,600.01 $59,600 $60.00 $56,400.01 $58,400 $58,000.01 $60,000 $59,600.01 $61,600 $65.00 $58,400.01 $60,400 $60,000.01 $62,000 $61,600.01 $63,600 $70.00 $60,400.01 $62,400 $62,000.01 $64,000 $63,600.01 $65,600 $75.00 $62,400.01 $64,400 $64,000.01 $66,000 $65,600.01 $67,600 $80.00 $64,400.01 $66,400 $66,000.01 $68,000 $67,600.01 $69,600 $85.00 $66,400.01 $68,400 $68,000.01 $70,000 $69,600.01 $71,600 $90.00 $68,400.01 $70,400 $70,000.01 $72,000 $71,600.01 $73,600 $95.00 $70,400.01 $72,400 $72,000.01 $74,000 $73,600.01 $75,600 $100.00 $72,400.01 $74,400 $74,000.01 $76,000 $75,600.01 $77,600 $105.00 $74,400.01 $76,400 $76,000.01 $78,000 $77,600.01 $79,600 $110.00 $76,400.01 $78,400 $78,000.01 $80,000 $79,600.01 $81,600 $115.00 $78,400.01 $80,400 $80,000.01 $82,000 $81,600.01 $83,600 $120.00 $80,400.01 $82,400 $82,000.01 $84,000 $83,600.01 $85,600 $125.00 $82,400.01 $84,400 $84,000.01 $86,000 $85,600.01 $87,600

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4447

Weekly Family Size: 16 Family Size: 17 Family Size: 18 Co-pay Annual Income Annual Income Annual Income $130.00 $84,400.01 $86,400 $86,000.01 $88,000 $87,600.01 $89,600 $135.00 $86,400.01 $88,400 $88,000.01 $90,000 $89,600.01 $91,600 $140.00 $88,400.01 $90,400 $90,000.01 $92,000 $91,600.01 $93,600 $145.00 $90,400.01 $92,400 $92,000.01 $94,000 $93,600.01 $95,600 $150.00 $92,400.01 $94,400 $94,000.01 $96,000 $95,600.01 $97,600 $155.00 $94,400.01 $96,400 $96,000.01 $98,000 $97,600.01 $99,600 $160.00 $96,400.01 $98,400 $98,000.01 $100,000 $99,600.01 $101,600 $165.00 $98,400.01 $100,400 $100,000.01 $102,000 $101,600.01 $103,600 $170.00 $100,400.01 $102,400 $102,000.01 $104,000 $103,600.01 $105,600 $175.00 $102,400.01 $104,400 $104,000.01 $106,000 $105,600.01 $107,600 $180.00 $104,400.01 $106,400 $106,000.01 $108,000 $107,600.01 $109,600 $185.00 $106,400.01 $108,400 $108,000.01 $110,000 $109,600.01 $111,600 $190.00 $108,400.01 $110,400 $110,000.01 $112,000 $111,600.01 $113,600 $195.00 $110,400.01 $112,400 $112,000.01 $114,000 $113,600.01 $115,600 $200.00 $112,400.01 $114,400 $114,000.01 $116,000 $115,600.01 $117,600 $205.00 $114,400.01 $116,400 $116,000.01 $118,000 $117,600.01 $119,600 $210.00 $116,400.01 $118,400 $118,000.01 $120,000 $119,600.01 $121,600 $215.00 $118,400.01 $120,400 $120,000.01 $122,000 $121,600.01 $123,600 $220.00 $120,400.01 $122,400 $122,000.01 $124,000 $123,600.01 $125,600 $225.00 $122,400.01 $124,400 $124,000.01 $126,000 $125,600.01 $127,600 $230.00 $124,400.01 $126,400 $126,000.01 $128,000 $127,600.01 $129,600 $235.00 $126,400.01 $128,400 $128,000.01 $130,000 $129,600.01 $131,600 $240.00 $128,400.01 $130,400 $130,000.01 $132,000 $131,600.01 $133,600 $245.00 $130,400.01 $132,400 $132,000.01 $134,000 $133,600.01 $135,600 $250.00 $132,400.01 $134,400 $134,000.01 $136,000 $135,600.01 $137,600 $255.00 $134,400.01 $136,400 $136,000.01 $138,000 $137,600.01 $139,600 $260.00 $136,400.01 $138,400 $138,000.01 $140,000 $139,600.01 $141,600 $265.00 $138,400.01 $140,400 $140,000.01 $142,000 $141,600.01 $143,600 $270.00 $140,400.01 $142,400 $142,000.01 $144,000 $143,600.01 $145,600 $275.00 $142,400.01 $144,400 $144,000.01 $146,000 $145,600.01 $147,600 $280.00 $144,400.01 $146,400 $146,000.01 $148,000 $147,600.01 $149,600 $285.00 $146,400.01 $148,400 $148,000.01 $150,000 $149,600.01 $151,600 $290.00 $148,400.01 $150,400 $150,000.01 $152,000 $151,600.01 $153,600 $295.00 $150,400.01 $151,340 $152,000.01 $154,000 $153,600.01 $155,600 $300.00 $154,000.01 $156,000 $155,600.01 $157,600 $305.00 $156,000.01 $158,000 $157,600.01 $159,600 $310.00 $158,000.01 $159,800 $159,600.01 $161,600 $315.00 $161,600.01 $163,600 $320.00 $163,600.01 $165,600 $325.00 $165,600.01 $167,600 $330.00 $167,600.01 $168,260 200% FPIG $128,800 200% FPIG $136,000 200% FPIG $143,200

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4448 NOTICES

Weekly Family Size: 19 Family Size: 20 Family Size: 21 Co-pay Annual Income Annual Income Annual Income $5.00 Less than: $41,200 Less than: $42,800 Less than: $44,400 $10.00 $41,200.01 $43,200 $42,800.01 $44,800 $44,400.01 $46,400 $15.00 $43,200.01 $45,200 $44,800.01 $46,800 $46,400.01 $48,400 $20.00 $45,200.01 $47,200 $46,800.01 $48,800 $48,400.01 $50,400 $25.00 $47,200.01 $49,200 $48,800.01 $50,800 $50,400.01 $52,400 $30.00 $49,200.01 $51,200 $50,800.01 $52,800 $52,400.01 $54,400 $35.00 $51,200.01 $53,200 $52,800.01 $54,800 $54,400.01 $56,400 $40.00 $53,200.01 $55,200 $54,800.01 $56,800 $56,400.01 $58,400 $45.00 $55,200.01 $57,200 $56,800.01 $58,800 $58,400.01 $60,400 $50.00 $57,200.01 $59,200 $58,800.01 $60,800 $60,400.01 $62,400 $55.00 $59,200.01 $61,200 $60,800.01 $62,800 $62,400.01 $64,400 $60.00 $61,200.01 $63,200 $62,800.01 $64,800 $64,400.01 $66,400 $65.00 $63,200.01 $65,200 $64,800.01 $66,800 $66,400.01 $68,400 $70.00 $65,200.01 $67,200 $66,800.01 $68,800 $68,400.01 $70,400 $75.00 $67,200.01 $69,200 $68,800.01 $70,800 $70,400.01 $72,400 $80.00 $69,200.01 $71,200 $70,800.01 $72,800 $72,400.01 $74,400 $85.00 $71,200.01 $73,200 $72,800.01 $74,800 $74,400.01 $76,400 $90.00 $73,200.01 $75,200 $74,800.01 $76,800 $76,400.01 $78,400 $95.00 $75,200.01 $77,200 $76,800.01 $78,800 $78,400.01 $80,400 $100.00 $77,200.01 $79,200 $78,800.01 $80,800 $80,400.01 $82,400 $105.00 $79,200.01 $81,200 $80,800.01 $82,800 $82,400.01 $84,400 $110.00 $81,200.01 $83,200 $82,800.01 $84,800 $84,400.01 $86,400 $115.00 $83,200.01 $85,200 $84,800.01 $86,800 $86,400.01 $88,400 $120.00 $85,200.01 $87,200 $86,800.01 $88,800 $88,400.01 $90,400 $125.00 $87,200.01 $89,200 $88,800.01 $90,800 $90,400.01 $92,400 $130.00 $89,200.01 $91,200 $90,800.01 $92,800 $92,400.01 $94,400 $135.00 $91,200.01 $93,200 $92,800.01 $94,800 $94,400.01 $96,400 $140.00 $93,200.01 $95,200 $94,800.01 $96,800 $96,400.01 $98,400 $145.00 $95,200.01 $97,200 $96,800.01 $98,800 $98,400.01 $100,400 $150.00 $97,200.01 $99,200 $98,800.01 $100,800 $100,400.01 $102,400 $155.00 $99,200.01 $101,200 $100,800.01 $102,800 $102,400.01 $104,400 $160.00 $101,200.01 $103,200 $102,800.01 $104,800 $104,400.01 $106,400 $165.00 $103,200.01 $105,200 $104,800.01 $106,800 $106,400.01 $108,400 $170.00 $105,200.01 $107,200 $106,800.01 $108,800 $108,400.01 $110,400 $175.00 $107,200.01 $109,200 $108,800.01 $110,800 $110,400.01 $112,400 $180.00 $109,200.01 $111,200 $110,800.01 $112,800 $112,400.01 $114,400 $185.00 $111,200.01 $113,200 $112,800.01 $114,800 $114,400.01 $116,400 $190.00 $113,200.01 $115,200 $114,800.01 $116,800 $116,400.01 $118,400 $195.00 $115,200.01 $117,200 $116,800.01 $118,800 $118,400.01 $120,400 $200.00 $117,200.01 $119,200 $118,800.01 $120,800 $120,400.01 $122,400 $205.00 $119,200.01 $121,200 $120,800.01 $122,800 $122,400.01 $124,400 $210.00 $121,200.01 $123,200 $122,800.01 $124,800 $124,400.01 $126,400 $215.00 $123,200.01 $125,200 $124,800.01 $126,800 $126,400.01 $128,400 $220.00 $125,200.01 $127,200 $126,800.01 $128,800 $128,400.01 $130,400 $225.00 $127,200.01 $129,200 $128,800.01 $130,800 $130,400.01 $132,400 $230.00 $129,200.01 $131,200 $130,800.01 $132,800 $132,400.01 $134,400

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4449

Weekly Family Size: 19 Family Size: 20 Family Size: 21 Co-pay Annual Income Annual Income Annual Income $235.00 $131,200.01 $133,200 $132,800.01 $134,800 $134,400.01 $136,400 $240.00 $133,200.01 $135,200 $134,800.01 $136,800 $136,400.01 $138,400 $245.00 $135,200.01 $137,200 $136,800.01 $138,800 $138,400.01 $140,400 $250.00 $137,200.01 $139,200 $138,800.01 $140,800 $140,400.01 $142,400 $255.00 $139,200.01 $141,200 $140,800.01 $142,800 $142,400.01 $144,400 $260.00 $141,200.01 $143,200 $142,800.01 $144,800 $144,400.01 $146,400 $265.00 $143,200.01 $145,200 $144,800.01 $146,800 $146,400.01 $148,400 $270.00 $145,200.01 $147,200 $146,800.01 $148,800 $148,400.01 $150,400 $275.00 $147,200.01 $149,200 $148,800.01 $150,800 $150,400.01 $152,400 $280.00 $149,200.01 $151,200 $150,800.01 $152,800 $152,400.01 $154,400 $285.00 $151,200.01 $153,200 $152,800.01 $154,800 $154,400.01 $156,400 $290.00 $153,200.01 $155,200 $154,800.01 $156,800 $156,400.01 $158,400 $295.00 $155,200.01 $157,200 $156,800.01 $158,800 $158,400.01 $160,400 $300.00 $157,200.01 $159,200 $158,800.01 $160,800 $160,400.01 $162,400 $305.00 $159,200.01 $161,200 $160,800.01 $162,800 $162,400.01 $164,400 $310.00 $161,200.01 $163,200 $162,800.01 $164,800 $164,400.01 $166,400 $315.00 $163,200.01 $165,200 $164,800.01 $166,800 $166,400.01 $168,400 $320.00 $165,200.01 $167,200 $166,800.01 $168,800 $168,400.01 $170,400 $325.00 $167,200.01 $169,200 $168,800.01 $170,800 $170,400.01 $172,400 $330.00 $169,200.01 $171,200 $170,800.01 $172,800 $172,400.01 $174,400 $335.00 $171,200.01 $173,200 $172,800.01 $174,800 $174,400.01 $176,400 $340.00 $173,200.01 $175,200 $174,800.01 $176,800 $176,400.01 $178,400 $345.00 $175,200.01 $176,720 $176,800.01 $178,800 $178,400.01 $180,400 $350.00 $178,800.01 $180,800 $180,400.01 $182,400 $355.00 $180,800.01 $182,800 $182,400.01 $184,400 $360.00 $182,800.01 $184,800 $184,400.01 $186,400 $365.00 $184,800.01 $185,180 $186,400.01 $188,400 $370.00 $188,400.01 $190,400 $375.00 $190,400.01 $192,400 $380.00 $192,400.01 $193,640 200% FPIG $150,400 200% FPIG $157,600 200% FPIG $164,800 Fiscal Note: 14-NOT-561. No fiscal impact; (8) recommends adoption. [Pa.B. Doc. No. 08-1471. Filed for public inspection August 8, 2008, 9:00 a.m.]

INDEPENDENT Action Taken—Regulations Approved: State Architects Licensure Board #16A-419: Require- REGULATORY REVIEW ments for Examination Eligibility (amends 49 Pa. Code COMMISSION Chapter 9) State Board of Pharmacy #16A-5415: Supplies and Action Taken by the Commission Equipment (amends 49 Pa. Code Chapter 27) The Independent Regulatory Review Commission met publicly at 10:30 a.m., Thursday, July 24, 2008, and announced the following: Approval Order Regulation Deemed Approved Under Section 5(g) of the Public Meeting held Regulatory Review Act—Effective July 23, 2008: July 24, 2008 Department of Public Welfare #14-508: Clinical Labora- tory Improvement Amendments (amends 55 Pa. Code Commissioners Voting: Arthur Coccodrilli, Chairperson; Chapters 1150 and 1243) Nancy Sabol Frantz, Esq.; Karen A. Miller

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4450 NOTICES

State Architects Licensure Board— Notice of Filing of Final Rulemaking Requirements for Examination Eligibililty; Regulation No. 16A-419 (#2629) The Independent Regulatory Review Commission (Com- mission) received the following regulation. It is scheduled On August 15, 2007, the Independent Regulatory Re- to be considered on the date noted. The Commission’s view Commission (Commission) received this proposed public meetings are held at 333 Market Street, 14th regulation from the State Architects Licensure Board Floor, in Harrisburg, PA at 10:30 a.m. To obtain a copy of (Board). This rulemaking amends 49 Pa. Code Chapter 9. the regulation, interested parties should first contact the The proposed regulation was published in the August 25, promulgating agency. If a copy cannot be obtained from 2007 Pennsylvania Bulletin with a 30-day public comment the promulgating agency, the Commission will provide a period. The final-form regulation was submitted to the copy or you can obtain a copy from our web site, Commission on June 13, 2008. www.irrc.state.pa.us. This regulation will require the candidates who do not Final-Form pass the entire Architect Registration Examination within five years to retake any division of the examination that Public is more than five years old, instead of having to retake all Reg. No. Agency/Title Received Meeting divisions within a new five-year period. 19-9 Department of Corrections 7/25/08 9/4/08 State Intermediate We have determined this regulation is consistent with Punishment the statutory authority of the Board (63 P. S. §§ 34.6(a) and (d)) and the intention of the General Assembly. ARTHUR COCCODRILLI, Having considered all of the other criteria of the Regula- Chairperson tory Review Act, we find promulgation of this regulation [Pa.B. Doc. No. 08-1473. Filed for public inspection August 8, 2008, 9:00 a.m.] is in the public interest. By Order of the Commission: This regulation is approved. INSURANCE DEPARTEMNT Approval Order Liberty Mutual Fire Insurance Company; Liberty Public Meeting held Insurance Corporation and The First Liberty July 24, 2008 Insurance Corporation; Private Passenger Auto- Commissioners Voting: Arthur Coccodrilli, Chairperson; mobile; Rate and Rule Revisions; Rate Filing Nancy Sabol Frantz, Esq., Abstained; Karen A. Miller; John F. Mizner, Esq., by Phone On July 18, 2008, the Insurance Department (Depart- ment) received from Liberty Mutual Fire Insurance Com- State Board of Pharmacy— pany, Liberty Insurance Corporation and The First Lib- Supplies and Equipment; erty Insurance Corporation a filing for rate level changes Regulation No. 16A-5415 (#2593) for private passenger automobile insurance. On February 21, 2007, the Independent Regulatory The company requests an overall 3.3% increase Review Commission (Commission) received this proposed amounting to $8.3 million annually, to be effective Octo- regulation from the State Board of Pharmacy (Board). ber 20, 2008, for new business and November 24, 2008, This rulemaking amends 49 Pa. Code Chapter 27. The for renewals. proposed regulation was published in the March 3, 2007 Pennsylvania Bulletin with a 30-day public comment Unless formal administrative action is taken prior to period. The final-form regulation was submitted to the September 16, 2008, the subject filing may be deemed Commission on June 13, 2008. approved by operation of law. This regulation deletes outdated and repetitive provi- A copy of the filing is available on the Department’s sions and adds language that permits pharmacies to web site at www.ins.state.pa.us. To access the filing, maintain supplies and equipment necessary for that under ‘‘Quick Links’’ click on ‘‘Rate Filings Published in particular pharmacy’s area of practice. the PA Bulletin.’’ We have determined this regulation is consistent with A copy of the filing is also available for public inspec- the statutory authority of the Board (63 P. S. §§ 390-4(j) tion, by appointment, during normal working hours at the and 390-6(k)(1) and (9)) and the intention of the General Department’s Harrisburg Regional office. Assembly. Having considered all of the other criteria of the Regulatory Review Act, we find promulgation of this Interested parties are invited to submit written com- regulation is in the public interest. ments, suggestions or objections to Xiaofeng Lu, Insur- ance Department, Insurance Product Regulation and By Order of the Commission: Market Enforcement, 1311 Strawberry Square, Harris- burg, PA 17120, [email protected] within 30 days after This regulation is approved. publication of this notice in the Pennsylvania Bulletin. ARTHUR COCCODRILLI, JOEL SCOTT ARIO, Chairperson Insurance Commissioner [Pa.B. Doc. No. 08-1472. Filed for public inspection August 8, 2008, 9:00 a.m.] [Pa.B. Doc. No. 08-1474. Filed for public inspection August 8, 2008, 9:00 a.m.]

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4451

William Roberts, M. D.; Prehearing an auxiliary aid, service or other accommodation to participate in the hearing, contact Donna R. Fleischauer, Appeal of William Roberts, M. D. under the Medical Human Resources Director at (717) 705-3873. Care Availability and Reduction of Error (MCARE) JOEL SCOTT ARIO, Act (40 P. S. §§ 1303.101—1303.910); Insurance Commissioner Doc. No. MM08-06-016 [Pa.B. Doc. No. 08-1476. Filed for public inspection August 8, 2008, 9:00 a.m.] On or before July 31, 2008, the appellant shall file a concise statement setting forth the factual and/or legal basis for the disagreement with MCARE’s May 14, 2008, determination. The statement may be in narrative form or in numbered paragraphs, but in either event shall not exceed two pages. A prehearing telephone conference OFFICE OF initiated by this office is scheduled for August 28, 2008, at 2 p.m. Each party shall provide a telephone number to ATTORNEY GENERAL be used for the telephone conference to the Hearings Administrator on or before August 25, 2008. A hearing Public Meeting date shall be determined, if necessary, at the prehearing telephone conference. A meeting of the Lobbying Disclosure Regulation Com- Motions preliminary to those at hearing, protests, mittee (Committee) established under act of November 1, petitions to intervene or notices of intervention, if any, 2006 (P. L. 1213, No. 134) (Act 134). The meeting will be must be filed on or before August 14, 2008, with the held on Thursday, August 14, 2008, at 9:30 a.m. in Hearings Administrator, Administrative Hearings Office, Hearing Room 3, North Office Building, Harrisburg, PA. Capitol Associates Building, Room 200, 901 North Sev- The purpose of the meeting will be for the Committee enth Street, Harrisburg, PA 17102. Answer to petitions to to consider regulations under Act 134 of 2006 and to intervene, if any shall be filed on or before August 25, receive public comments. Visit www.attorneygeneral.gov 2008. for more information and to view a copy of the complete Persons with a disability who wish to attend the agenda. previously-referenced administrative hearing and require THOMAS CORBETT, an auxiliary aid, service or other accommodation to Attorney General participate in the hearing, contact Donna R. Fleischauer, [Pa.B. Doc. No. 08-1477. Filed for public inspection August 8, 2008, 9:00 a.m.] Human Resources Director at (717) 705-3873. JOEL SCOTT ARIO, Insurance Commissioner [Pa.B. Doc. No. 08-1475. Filed for public inspection August 8, 2008, 9:00 a.m.] PENNSYLVANIA PUBLIC UTILITY COMMISSION Dennis Winkelman, D. O.; Prehearing Service of Notice of Motor Carrier Applications

Appeal of Dennis Winkelman, D. O. under the The following temporary authority and/or permanent Medical Care Availability and Reduction of Error authority applications for the right to render service as a (MCARE) Act (40 P. S. §§ 1303.101—1303.910); common carrier or contract carrier in this Commonwealth Doc. No. MM08-06-017 have been filed with the Pennsylvania Public Utility On or before July 31, 2008, the appellant shall file a Commission. Formal protests and petitions to intervene concise statement setting forth the factual and/or legal must be filed in accordance with 52 Pa. Code (relating to basis for the disagreement with MCARE’s May 20, 2008, public utilities). A protest shall indicate whether it ap- determination. The statement may be in narrative form plies to the temporary authority application, the perma- or in numbered paragraphs, but in either event shall not nent authority application, or both. Filings must be made exceed two pages. A prehearing telephone conference with the Secretary, Pennsylvania Public Utility Commis- initiated by this office is scheduled for August 28, 2008, sion, P. O. Box 3265, Harrisburg, PA 17105-3265, with a at 10 a.m. Each party shall provide a telephone number copy served on the applicant by August 25, 2008. Docu- to be used for the telephone conference to the Hearings ments filed in support of the applications are available for Administrator on or before August 25, 2008. A hearing inspection and copying at the Office of the Secretary date shall be determined, if necessary, at the prehearing between 8 a.m. and 4:30 p.m., Monday through Friday, telephone conference. and at the business address of the respective applicant. Motions preliminary to those at hearing, protests, Applications of the following for approval to begin petitions to intervene or notices of intervention, if any, operating as common carriers for transportation must be filed on or before August 14, 2008, with the of persons as described under each application. Hearings Administrator, Administrative Hearings Office, A-2008-2046396. Donald D. Henry (111 Eagletown Capitol Associates Building, Room 200, 901 North Sev- Road, Honeybrook, Chester County, PA 19344), for the enth Street, Harrisburg, PA 17102. Answer to petitions to right to begin to transport persons, in paratransit service, intervene, if any shall be filed on or before August 25, limited to persons whose personal convictions prevent 2008. them from owning or operating motor vehicles, from Persons with a disability who wish to attend the points in Chester County, to points in Pennsylvania, and previously-referenced administrative hearing and require return.

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4452 NOTICES

A-2008-2046476. Brink’s Bus Service, LLC (626 4. That respondent has failed to maintain evidence of South State Street, North Warren, Warren County, PA bodily injury and property damage liability insurance and 16365)—a limited liability company of the Common- cargo insurance on file with this Commission. wealth, to begin to transport, as a common carrier, by motor vehicle, persons, in scheduled route service, from 5. That respondent, by failing to maintain evidence of Sheffield, Warren County to Bollinger Enterprises and insurance on file with this Commission, violated 66 the Warren State Hospital, located in Warren County, Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code over the following route: Beginning at Jones Street, § 32.11(a), § 32.12(a) or § 32.13(a). Clarendon, Warren County, thence east on Jones Street; Wherefore, unless respondent causes its insurer to file thence right onto Mead Boulevard; thence left onto Pine evidence of insurance with this Commission within Street; thence right onto Grand Army of the Republic twenty (20) days of the date of service of this Complaint, Highway (US Route 6); thence southeast on West Main the Bureau of Transportation and Safety Prosecutory Street; thence right onto South Main Street (Pa. Route Staff will request that the Commission issue an Order 666/David Zeisberger Highway); thence northwest to which (1) cancels the Certificate of Public Convenience Horton Avenue; thence left onto West Main Street/Grand held by respondent at Docket No. for failure to maintain Army of the Republic Highway (US Route 6); thence right evidence of current insurance on file with the Commis- onto Pennsylvania Avenue; thence right onto Locust sion, (2) fines Respondent the sum of two hundred and Street; thence right onto Park Avenue, (Park Avenue fifty dollars ($250.00) for the illegal activity described in becomes Cobham Park Road); thence right onto Warren this Complaint, (3) orders such other remedy as the Boulevard; thence left onto Leslie Boulevard; thence Commission may deem to be appropriate, which may north on Leslie Boulevard; thence right onto Warren include the suspension of a vehicle registration and (4) Boulevard; thence left onto Cobham Park Road, (Cobham imposes an additional fine on the respondent should Park Road becomes Park Avenue); thence right onto cancellation occur. Madison Avenue; thence right onto Malvina Street; thence southwest on Malvina Street; thence right onto Park Respectfully submitted, Avenue; thence right onto Pennsylvania Avenue; thence left onto Oak Street; thence right onto Lexington Avenue; Wendy J. Keezel, Chief of Enforcement thence northwest on Lexington Avenue, (Lexington Av- Motor Carrier Services & Enforcement Division enue becomes Conewango Avenue); thence right onto Bureau of Transportation and Safety Pennsylvania Avenue; thence left onto Buchanan Street; P. O. Box 3265 thence right onto Madison Avenue; thence northwest on Harrisburg, PA 17105-265 Madison Avenue; thence right onto Franklin Street; VERIFICATION thence left onto Conewango Place; thence right onto Conewango Avenue; thence right onto Pamela Drive; I, Wendy J. Keezel, hereby state that the facts above thence northwest on Pamela Drive; thence left onto set forth are true and correct to the best of my knowl- Conewango Avenue; thence right onto East 5th Avenue; edge, information and belief and that I expect that the thence right onto Market Street (US Route 62 North); Bureau will be able to prove same at any hearing held in thence left onto Jackson Run Road (Pa. Route 69); thence this matter. I understand that the statements herein are east on Jackson Run Road, (Jackson Run Road becomes made subject to the penalties of 18 Pa.C.S. § 4904 Jackson Street); thence left onto North State Street; relating to unsworn falsification to authorities. thence returning to the point of origin. Date: Wendy J. Keezel, Chief of Enforcement Motor Carrier Services and Enforcement Pennsylvania Public Utility Commission, Bureau of Bureau of Transportation and Safety Transportation and Safety v. Waslin, Mark R., t/a Keystone Motor X-Press; Doc. No. A-00123536C0701 NOTICE COMPLAINT A. You must file an Answer within twenty (20) days of the date of service of this Complaint. The date of service The Pennsylvania Public Utility Commission (Commis- is the mailing date as indicated at the top of the sion) is a duly constituted agency of the Commonwealth Secretarial Cover Letter for this Complaint and Notice, of Pennsylvania empowered to regulate public utilities 52 Pa. Code § 1.56(a). An Answer is a written explanation within the Commonwealth. The Commission has del- of circumstances wished to be considered in determining egated its authority to initiate proceedings which are the outcome. The Answer shall raise all factual and legal prosecutory in nature to the Bureau of Transportation arguments that you wish to claim in your defense and and Safety and other bureaus with enforcement responsi- must include the reference number of this Complaint. bilities. Pursuant to that delegated authority and Section Your Answer must be verified and the original and three 701 of the Public Utility Code, the Bureau of Transporta- (3) copies sent to: tion and Safety Prosecutory Staff hereby represents as follows: James J. McNulty, Secretary Pennsylvania Public Utility Commission 1. That all authority issued to Waslin, Mark R. (re- P. O. Box 3265 spondent) is under suspension effective 09/12/2007 for Harrisburg, PA 17105-65 failure to maintain evidence of insurance on file with this Commission. B. If you fail to answer this Complaint within twenty 2. That respondent maintains a principal place of (20) days of the date of service, the Bureau of Transporta- business at Waslin, Mark R., t/a Keystone Motor X-Press, tion and Safety will request that the Commission issue an 276 Overbrook Road, Dallas, PA 18612. Order imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 3. That respondent was issued a Certificate of Public for each violation, the revocation of your Certificate of Convenience by this Commission on 04/04/2007, at Appli- Public Convenience, or any other remedy as may be cation Docket No. A-00123536. appropriate. Each day you continue to violate any regula-

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4453 tion, direction, requirement, determination or Order of 2. That respondent maintains a principal place of the Commission is a separate and distinct offense, subject business at Robin J. Reimold, t/a Funways Travel, 733 to additional penalties. Hamburg Road, Fredonia, PA 16124. C. You may elect not to contest this Complaint by 3. That respondent was issued a Certificate of Public causing your insurer to file proper evidence of current Convenience by this Commission on 11/02/2004, at Appli- insurance in accordance with the Commission’s regula- cation Docket No. A-00114887. tions and by paying the fine proposed in the Complaint by certified check or money order within twenty (20) days 4. That respondent has failed to maintain evidence of of the date of service of this Complaint. Bond insurance on file with this Commission. The proof of insurance must be filed with the: 5. That respondent, by failing to maintain evidence of insurance on file with this Commission, violated 66 Compliance Office, Bureau of Transportation and Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code Safety § 32.11(a), § 32.12(a) or § 32.13(a). Pennsylvania Public Utility Commission P. O. Box 3265 Wherefore, unless respondent causes its insurer to file Harrisburg, PA 17105-3265 evidence of insurance with this Commission within twenty (20) days of the date of service of this Complaint, Acord Certificates of Insurance and Faxed Form Es and the Bureau of Transportation and Safety Prosecutory Hs are UNACCEPTABLE as Evidence of Insurance. Staff will request that the Commission issue an Order The fine payment must be made to the Commonwealth which (1) cancels the Certificate of Public Convenience of Pennsylvania and forwarded to: held by respondent at Docket No. for failure to maintain evidence of current insurance on file with the Commis- James J. McNulty, Secretary sion, (2) fines Respondent the sum of two hundred and Pennsylvania Public Utility Commission fifty dollars ($250.00) for the illegal activity described in P. O. Box 3265 this Complaint, (3) orders such other remedy as the Harrisburg, PA 17105-3265 Commission may deem to be appropriate, which may Your payment is an admission that you committed the include the suspension of a vehicle registration and (4) alleged violation and an agreement to cease and desist imposes an additional fine on the respondent should from further violations. cancellation occur. Upon receipt of the evidence of insurance from your Respectfully submitted, insurer and receipt of your fine payment, the Complaint proceeding shall be closed. Wendy J. Keezel, Chief of Enforcement D. If you file an Answer which admits or fails to deny Motor Carrier Services & Enforcement Division the allegations of the Complaint, the Bureau of Transpor- Bureau of Transportation and Safety tation and Safety will request that the Commission issue P. O. Box 3265 an Order imposing a penalty, which may include the Harrisburg, PA 17105-3265 cancellation of your Certificate of Public Convenience. I, Wendy J. Keezel, hereby state that the facts above Should the Commission cancel your Certificate of Public set forth are true and correct to the best of my knowl- Convenience, it may also impose an additional fine of up edge, information and belief and that I expect that the to $1,000. Bureau will be able to prove same at any hearing held in E. If you file an Answer which contests the Complaint, this matter. I understand that the statements herein are the matter will be assigned to an Administrative Law made subject to the penalties of 18 Pa.C.S. § 4904 Judge for hearing and decision. The judge is not bound by relating to unsworn falsification to authorities. the optional fine set forth above. Date: F. Alternative formats of this material are available, Wendy J. Keezel, Chief of Enforcement for persons with disabilities, by contacting the Compli- Motor Carrier Services and Enforcement ance Office at (717) 787-1227. Bureau of Transportation and Safety NOTICE Pennsylvania Public Utility Commission, Bureau of A. You must file an Answer within twenty (20) days of Transportation and Safety v. Robin J. Reimold, t/a the date of service of this Complaint. The date of service Funways Travel; Doc. No. C-2008-1200322 is the mailing date as indicated at the top of the COMPLAINT Secretarial Cover Letter for this Complaint and Notice, 52 Pa. Code § 1.56(a). An Answer is a written explanation The Pennsylvania Public Utility Commission (Commis- of circumstances wished to be considered in determining sion) is a duly constituted agency of the Commonwealth the outcome. The Answer shall raise all factual and legal of Pennsylvania empowered to regulate public utilities arguments that you wish to claim in your defense and within the Commonwealth. The Commission has del- must include the reference number of this Complaint. egated its authority to initiate proceedings which are Your Answer must be verified and the original and three prosecutory in nature to the Bureau of Transportation (3) copies sent to: and Safety and other bureaus with enforcement responsi- bilities. Pursuant to that delegated authority and Section James J. McNulty, Secretary 701 of the Public Utility Code, the Bureau of Transporta- Pennsylvania Public Utility Commission tion and Safety Prosecutory Staff hereby represents as P. O. Box 3265 follows: Harrisburg, PA 17105-3265 1. That all authority issued to Robin J. Reimold (re- B. If you fail to answer this Complaint within twenty spondent) is under suspension effective 10/12/2007 for (20) days of the date of service, the Bureau of Transporta- failure to maintain evidence of insurance on file with this tion and Safety will request that the Commission issue an Commission. Order imposing a penalty. Pursuant to 66 Pa.C.S.

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4454 NOTICES

§ 3301(a), the penalty could include a fine of up to $1,000 1. That all authority issued to Lobianco Trucking Co. for each violation, the revocation of your Certificate of (respondent) is under suspension effective July 9, 2007 for Public Convenience, or any other remedy as may be failure to maintain evidence of insurance on file with this appropriate. Each day you continue to violate any regula- Commission. tion, direction, requirement, determination or Order of the Commission is a separate and distinct offense, subject 2. That respondent maintains a principal place of to additional penalties. business at Brian K. Lowery Transport, Inc., 1100 3rd C. You may elect not to contest this Complaint by Street, Nescopeck, PA 18635-9502. causing your insurer to file proper evidence of current insurance in accordance with the Commission’s regula- 3. That respondent was issued a Certificate of Public tions and by paying the fine proposed in the Complaint Convenience by this Commission on May 19, 2000 at by certified check or money order within twenty (20) days Application Docket No. A-00116619. of the date of service of this Complaint. 4. That respondent has failed to maintain evidence of The proof of insurance must be filed with the: bodily injury and property damage liability insurance and Compliance Office, Bureau of Transportation and cargo insurance on file with this Commission. Safety Pennsylvania Public Utility Commission 5. That respondent, by failing to maintain evidence of P. O. Box 3265 insurance on file with this Commission, violated 66 Harrisburg, PA 17105-3265 Pa.C.S. § 512, 52 Pa. Code § 32.2(c), and 52 Pa. Code § 32.11(a), § 32.12(a) or § 32.13(a). Acord Certificates of Insurance and Faxed Form Es and Hs are UNACCEPTABLE as Evidence of Insurance. Wherefore, unless respondent causes its insurer to file The fine payment must be made to the Commonwealth evidence of insurance with this Commission within of Pennsylvania and forwarded to: twenty (20) days of the date of service of this Complaint, James J. McNulty, Secretary the Bureau of Transportation and Safety Prosecutory Pennsylvania Public Utility Commission Staff will request that the Commission issue an Order P. O. Box 3265 which (1) cancels the Certificate of Public Convenience Harrisburg, PA 17105-3265 held by respondent at Docket No. for failure to maintain Your payment is an admission that you committed the evidence of current insurance on file with the Commis- alleged violation and an agreement to cease and desist sion, (2) fines Respondent the sum of two hundred and from further violations. fifty dollars ($250.00) for the illegal activity described in this Complaint, (3) orders such other remedy as the Upon receipt of the evidence of insurance from your Commission may deem to be appropriate, which may insurer and receipt of your fine payment, the Complaint proceeding shall be closed. include the suspension of a vehicle registration and (4) imposes an additional fine on the respondent should D. If you file an Answer which admits or fails to deny cancellation occur. the allegations of the Complaint, the Bureau of Transpor- tation and Safety will request that the Commission issue Respectfully submitted, an Order imposing a penalty, which may include the cancellation of your Certificate of Public Convenience. Wendy J. Keezel, Chief of Enforcement Should the Commission cancel your Certificate of Public Motor Carrier Services & Enforcement Division Convenience, it may also impose an additional fine of up Bureau of Transportation and Safety to $1,000. P. O. Box 3265 E. If you file an Answer which contests the Complaint, Harrisburg, PA 17105-3265 the matter will be assigned to an Administrative Law Judge for hearing and decision. The judge is not bound by VERIFICATION the optional fine set forth above. I, Wendy J. Keezel, hereby state that the facts above F. Alternative formats of this material are available, for persons with disabilities, by contacting the Compli- set forth are true and correct to the best of my knowl- ance Office at (717) 787-1227. edge, information and belief and that I expect that the Bureau will be able to prove same at any hearing held in this matter. I understand that the statements herein are Pennsylvania Public Utility Commission, Bureau of made subject to the penalties of 18 Pa.C.S. § 4904 Transportation and Safety v. Brian K. Lowery Transport, relating to unsworn falsification to authorities. Inc.; Doc. No. C-2008-1206910 Date: COMPLAINT Wendy J. Keezel, Chief of Enforcement The Pennsylvania Public Utility Commission (Commis- Motor Carrier Services and Enforcement sion) is a duly constituted agency of the Commonwealth Bureau of Transportation and Safety of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has del- NOTICE egated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Transportation A. You must file an Answer within twenty (20) days of and Safety and other bureaus with enforcement responsi- the date of service of this Complaint. The date of service bilities. Pursuant to that delegated authority and Section is the mailing date as indicated at the top of the 701 of the Public Utility Code, the Bureau of Transporta- Secretarial Cover Letter for this Complaint and Notice, tion and Safety Prosecutory Staff hereby represents as 52 Pa. Code § 1.56(a). An Answer is a written explanation follows: of circumstances wished to be considered in determining

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 NOTICES 4455 the outcome. The Answer shall raise all factual and legal F. Alternative formats of this material are available, arguments that you wish to claim in your defense and for persons with disabilities, by contacting the Compli- must include the reference number of this Complaint. ance Office at (717) 787-1227. Your Answer must be verified and the original and three JAMES J. MCNULTY, (3) copies sent to: Secretary [Pa.B. Doc. No. 08-1478. Filed for public inspection August 8, 2008, 9:00 a.m.] James J. McNulty, Secretary Pennsylvania Public Utility Commission P. O. Box 3265 Harrisburg, PA 17105-3265 B. If you fail to answer this Complaint within twenty STATE BOARD OF (20) days of the date of service, the Bureau of Transporta- tion and Safety will request that the Commission issue an COSMETOLOGY Order imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 Bureau of Professional and Occupational Affairs v. for each violation, the revocation of your Certificate of Fredrick Corduff, II; Doc. No. 1168-56-2008 Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regula- On June 19, 2008, Fredrick Corduff, II, license no. tion, direction, requirement, determination or Order of RS-293214, of Philadelphia, Philadelphia County, was the Commission is a separate and distinct offense, subject suspended under the Order of the Court of Common Pleas of Philadelphia County dated June 6, 2008, which the to additional penalties. Court issued under 23 Pa.C.S. § 4355 (relating to denial C. You may elect not to contest this Complaint by or suspension of licenses) The suspension is effective causing your insurer to file proper evidence of current immediately. insurance in accordance with the Commission’s regula- Persons may obtain a copy of the order by writing to tions and by paying the fine proposed in the Complaint Gerald S. Smith, Senior Counsel in Charge, State Board by certified check or money order within twenty (20) days of Cosmetology, P. O. Box 2649, Harrisburg, PA 17105- of the date of service of this Complaint. 2649. SUSAN E. RINEER, The proof of insurance must be filed with the: Chairperson [Pa.B. Doc. No. 08-1479. Filed for public inspection August 8, 2008, 9:00 a.m.] Compliance Office, Bureau of Transportation and Safety Pennsylvania Public Utility Commission P. O. Box 3265 Harrisburg, PA 17105-3265 STATE BOARD Acord Certificates of Insurance and Faxed Form Es and Hs are UNACCEPTABLE as Evidence of Insurance. OF NURSING The fine payment must be made to the Commonwealth Bureau of Professional and Occupational Affairs v. of Pennsylvania and forwarded to: Diane Finnegan; Doc. No. 2383-51-2007 James J. McNulty, Secretary On June 19, 2008, Dianne Finnegan, of Collingdale, Pennsylvania Public Utility Commission Delaware County, had her license to practice nursing P. O. Box 3265 suspended for a period of 3 years with 1 year of active Harrisburg, PA 17105-3265 suspension, retroactive to November 30, 2007, and the remainder to be stayed in favor of probation, based on her Your payment is an admission that you committed the violation of her participation in the Voluntary Recovery alleged violation and an agreement to cease and desist Program of the Professional Health Monitoring Program. from further violations. Individuals may obtain a copy of the final order by writing to Beth Michlovitz, Board Counsel, State Board of Upon receipt of the evidence of insurance from your Nursing, P. O. Box 2649, Harrisburg, PA 17105-2649. insurer and receipt of your fine payment, the Complaint proceeding shall be closed. This adjudication and order represents the final State Board of Nursing (Board) decision in this matter. It may D. If you file an Answer which admits or fails to deny be appealed to the Commonwealth Court of Pennsylvania the allegations of the Complaint, the Bureau of Transpor- by the filing of a petition for review with that court in tation and Safety will request that the Commission issue accordance with the Pennsylvania Rules of Appellate an Order imposing a penalty, which may include the Procedure. Individuals who take an appeal to the Com- cancellation of your Certificate of Public Convenience. monwealth Court must serve the Board with a copy of their petition for review. The Board contact for receiving Should the Commission cancel your Certificate of Public service of the appeals is the previously-named Board Convenience, it may also impose an additional fine of up counsel. to $1,000. MARY E. BOWEN, R. N., CRNP, E. If you file an Answer which contests the Complaint, Chairperson the matter will be assigned to an Administrative Law [Pa.B. Doc. No. 08-1480. Filed for public inspection August 8, 2008, 9:00 a.m.] Judge for hearing and decision. The judge is not bound by the optional fine set forth above.

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PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4459 PROPOSED RULEMAKING DEPARTMENT OF Requirements The proposed regulations incorporate the new defini- PUBLIC WELFARE tions in Act 56 that are unique to assisted living resi- dences. These include: [ 55 PA. CODE CH. 2800 ] • Age in place or aging in place Assisted Living Residences • Assisted living residence • Assisted living residence administrator Statutory Authority • Cognitive support services The Department of Public Welfare (Department) under • the authority of sections 211, 213 and Article X of the Informed consent agreement Public Welfare Code (62 P. S. §§ 211 and 213 and 1001— • Special care designation and 1087), intends to adopt the regulation set forth in Annex • A. Supplemental health care services In addition, the proposed regulations establish require- Purpose of Regulation ments for individual living units within the assisted The purpose of these proposed regulations is to adopt living residence, including square footage and kitchen the minimum standards for building, equipment, opera- capacity requirements. Requirements for special care tion, resident care, program and services, staffing qualifi- units for individuals with cognitive impairments such as cations and training, and for the issuance of licenses for Alzheimer’s disease or dementia are also included in this assisted living residences operated in this Common- proposed rulemaking. wealth. The proposed regulations also require that individuals, Background prior to admission, or within 24 hours after admission to the assisted living residence, be provided with a written Act 2007-56 (Act 56) was enacted in this Common- contract containing full disclosure of services, admission wealth on July 25, 2007. Prior to that time, there was no and discharge criteria, change in condition policies, ser- legal definition for assisted living in this Commonwealth. vices, special programming, costs and fees. Act 56 directed the Department to adopt regulations To further ensure that individuals residing in assisted establishing minimum licensing standards for assisted living residences are allowed to age in place, the proposed living residences which ‘‘meet or exceed’’ standards estab- regulations also establish requirements for assisted living lished for personal care homes under Chapter 2600 residence services including core services and supplemen- (relating to personal care homes). See 62 P. S. tal health care services. § 1021(a)(2)(i). New requirements related to informed consent agree- Act 56 was intended to recognize that assisted living ments are also proposed to allow individuals and provid- residences are a significant long-term care alternative ers to manage risks that may result from consumers who Nationwide. Assisted living residences are a combination wish to direct their own care while residing in the of housing and supportive services, as needed. They are assisted living residence. The proposed rulemaking also designed to allow people to age in place, maintain their creates standards for transfer and discharge. independence and exercise decision-making and personal choice. In enacting Act 56, the General Assembly found Act 56 also directed the Department to set fees for that it is in the best interests of all Pennsylvanians that application for assisted living licensure as well as license a system of licensure and regulation be established for renewal. These new fees are included in the proposed assisted living residences to ensure accountability and a rulemaking. Act 56 also provides for an abbreviated balance of availability between institutional and home- annual licensure visit when the residence has a history of based and community-based long-term care for adults exemplary compliance. A proposed regulation defines ‘‘ex- who need the care. emplary compliance.’’ Preadmission screening, resident assessments and support plans as well as enhanced Under Act 56, the Department was directed to develop administrator and staff qualifications and training are regulations in consultation with industry stakeholders, also covered in the proposed rulemaking. A proposed consumers and other interested parties. See 62 P. S. regulation also provides for certain medical conditions § 1021(d). To accomplish this legislative directive, the that would exclude an individual from being admitted or Department commenced a series of nine stakeholder retained in an assisted living residence; however, the meetings beginning in October 2007 and ending in April regulation also provides for exceptions to be granted in 2008. Over 35 stakeholders were invited to participate, certain instances. including disability advocates, advocates for older adults, Affected Individuals and Organizations consumers, union representatives, an elder law attorney, public housing agencies, trade associations for profit and Individuals who choose to live in an assisted living nonprofit long-term care nursing facilities and many residence are affected by the proposed rulemaking. Pro- other interested parties. The work group advised the viders of assisted living residences are also affected. Department on many of the novel features of Act 56 Accomplishments and Benefits related to assisted living residences and also provided varied and diverse perspectives on how the regulations This proposed rulemaking establishes the minimum should be crafted. The Department has incorporated standards for licensure of assisted living residences to many of their recommendations into this proposed rule- allow individuals to age in place. The proposed rule- making. making protects consumers’ health and safety, privacy

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4460 PROPOSED RULEMAKING and autonomy while at the same time balancing provid- Excludable Conditions ers’ concerns related to liability and individual choice. An assisted living residence will also be required to Fiscal Impact submit a form to the Department in instances when a residence wants to admit or retain an individual whose The Department estimates administrative costs to medical condition would otherwise prevent the admission implement this change at $0.651 million State funds in or continued stay in the residence. These are referred to Fiscal Year (FY) 2008-2009 and decreasing to $0.103 as ‘‘excludable conditions.’’ million State funds in FY 2009-2010 as a result of Support Plans revenues collected from assessment of the licensure fee to the regulated community. An assisted living residence is also required to develop and implement a support plan within 30 days of a The Department estimates that the costs incurred by resident’s admission that documents the resident’s med- the regulated community beginning in FY 2009-2010 will ical, dental, vision, hearing, mental health or other range from $0.008 million to $0.365 million per assisted behavioral care services that will be made available to the living residence based on a 75-bed assisted living resi- resident, or referrals for the resident to outside services. dence. At a minimum, all assisted living residences would In addition, the assisted living residence is required to be required to pay a licensure fee amounting to the review each resident’s support plan quarterly and revise $0.008 million on average. This cost assumes a flat the support plan as the resident’s needs change. application or renewal fee of $500 per home and an Waivers additional fee of $105 per bed. Additional costs may be incurred, which when added to the licensing fee brings An assisted living residence will also be required to the total potential cost up to the maximum estimated submit a written request to the Department for a waiver average cost of $0.365 million in the first year. These of a specific requirement contained in the regulations. costs may or may not be incurred depending upon each facility’s current status in relation to potential new costs Training Institution Registration imposed by the regulation. The majority of the costs An educational institution, association, professional so- relate to additional personnel expense in administering ciety or organization must submit an application to the medication, enhanced reporting and additional adminis- Department for registration as an institution and for trative costs for resident care. It is assumed that those approval of a course of study for the purpose of qualifying facilities that choose to apply for assisted living residence applicants for certification as assisted living residence licensure will already comply with the facility structural administrators. requirements of the proposed regulations, so no costs are assumed for structural modifications. It is assumed that Application for Licensure 100 assisted living residences will incur these costs in FY In addition, assisted living residences will be required 2009-2010. to complete an application for licensure, resident- residence contract and informed consent agreements. Paperwork Requirements Effective Date This proposed rulemaking contains the paperwork re- quirements for the Commonwealth and for providers who The proposed effective date for the regulation is July 1, apply for licensure as assisted living residences. The 2009. following forms will be required: Public Comment Preadmission screening Interested persons are invited to submit written com- Within 30 days prior to admission, a preadmission ments, suggestions or objections regarding the proposed rulemaking to the Department at the following address: screening form must be completed for all potential resi- Gail Weidman, Office of Long-Term Care Living, within dents to assess whether the individual’s service needs can 30 calendar days after the date of publication of this be met by an assisted living residence. proposed rulemaking in the Pennsylvania Bulletin. Refer- Assessment ence Regulation No. 14-514 when submitting comments. Persons with a disability who require an auxiliary aid An assisted living residence will be required to com- or service may submit comments by using the AT&T plete a written initial assessment form within 15 days of Relay Service at (800) 654-5984 (TDD users) or (800) admission of an individual. Additional assessments must 654-5988 (voice users). be completed at least annually or upon significant change in the resident’s condition. Regulatory Review Act Incident Reporting Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on July 28, 2008 the Department sub- An assisted living residence will be required to submit mitted a copy of this proposed rulemaking to the Indepen- written reports to the Department in instances such as dent Regulatory Review Commission (IRRC) and to the the death of a resident, attempted suicide, an injury, Chairpersons of the House Committee on Health and illness or trauma suffered by a resident that requires Human Services and the Senate Committee on Public treatment at a hospital or medical facility, violations of a Health and Welfare. In addition to submitting the pro- resident’s rights, misuse of a resident’s funds by the posed rulemaking, the Department has provided IRRC residence’s staff or legal entity, outbreak of serious com- and the Committees with a copy of a Regulatory Analysis municable diseases, and other incidents relating to the Form prepared by the Department. A copy of this form is resident’s well-being. available to the public upon request.

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Under section 5(g) of the Regulatory Review Act, if 2800.69. Additional dementia-specific training. IRRC has any comments, recommendations or objections PHYSICAL SITE to any portion of the proposed regulations, it may notify 2800.81. Physical accommodations and equipment. the Department and the Committees within 30 days after 2800.82. Poisons. the close of the public comment period. The notification 2800.83. Temperature. 2800.84. Heat sources. shall specify the regulatory review criteria that have not 2800.85. Sanitation. been met. The Regulatory Review Act specifies detailed 2800.86. Ventilation. procedures for review by the Department, the General 2800.87. Lighting. Assembly and the Governor, of any comments, recommen- 2800.88. Surfaces. 2800.89. Water. dations or objections raised, prior to final public publica- 2800.90. Communication system. tion of the regulation. 2800.91. Emergency telephone numbers. 2800.92. Windows and screens. ESTELLE B. RICHMAN, 2800.93. Handrails and railings. Secretary 2800.94. Landings and stairs. 2800.95. Furniture and equipment. Fiscal Note: 14-514. (1) General Fund; (2) Implement- 2800.96. First aid kit. ing Year 2007-08 is 0; (3) 1st Succeeding Year 2008-09 is 2800.97. Elevators and stair glides. $651,000; 2nd Succeeding Year 2009-10 is $103,000; 3rd 2800.98. Indoor activity space. Succeeding Year 2010-11 is ($78,000); 4th Succeeding Year 2800.99. Recreation space. 2800.100. Exterior conditions. 2011-12 is $56,000; 5th Succeeding Year 2012-13 is 2800.101. Resident living units. ($139,000); (4) 2006-07 Program—$33,780,000; 2005-06 2800.102. Bathrooms. Program—$41,588,000; 2004-05 Program—$34,257,000; 2800.103. Food service. (7) County Administration Statewide; (8) recommends 2800.104. Dining room. 2800.105. Laundry. adoption. Funds have been included in the budget to 2800.106. Swimming areas. cover this increase. 2800.107. Emergency preparedness. 2800.108. Firearms and weapons. CHAPTER 2800. ASSISTED LIVING RESIDENCES 2800.109. Pets. GENERAL PROVISIONS FIRE SAFETY Sec. 2800.121. Unobstructed egress. 2800.1. Purpose. 2800.122. Exits. 2800.2. Scope. 2800.123. Emergency evacuation. 2800.3. Inspections and licenses. 2800.124. Notification of local fire officials. 2800.4. Definitions. 2800.125. Flammable and combustible materials. 2800.5. Access. 2800.126. Furnaces. 2800.127. Space heaters. GENERAL REQUIREMENTS 2800.128. Supplemental heating sources. 2800.11. Procedural requirements for licensure or approval of assisted 2800.129. Fireplaces. living residences. 2800.130. Smoke detectors and fire alarms. 2800.12. Appeals. 2800.131. Fire extinguishers. 2800.13. Maximum capacity. 2800.132. Fire drills. 2800.14. Fire safety approval. 2800.133. Exit signs. 2800.15. Abuse reporting covered by law. RESIDENT HEALTH 2800.16. Reportable incidents and conditions. 2800.17. Confidentiality of records. 2800.141. Resident medical evaluation and health care. 2800.18. Applicable laws. 2800.142. Assistance with health care and supplemental health care 2800.19. Waivers. services. 2800.20. Financial management. 2800.143. Emergency medical plan. 2800.21. Offsite services. 2800.144. Use of tobacco. 2800.22. Application and admission. NUTRITION 2800.23. Activities. 2800.24. Personal hygiene. 2800.161. Nutritional adequacy. 2800.25. Resident-residence contract. 2800.162. Meals. 2800.26. Quality management. 2800.163. Personal hygiene for food service workers. 2800.27. SSI recipients. 2800.164. Withholding or forcing of food prohibited. 2800.28. Refunds. TRANSPORTATION 2800.29. Hospice care and services. 2800.30. Informed consent process. 2800.171. Transportation. RESIDENT RIGHTS MEDICATIONS 2800.181. Self-administration. 2800.41. Notification of rights and complaint procedures. 2800.182. Medication administration. 2800.42. Specific rights. 2800.183. Storage and disposal of medications and medical supplies. 2800.43. Prohibition against deprivation of rights. 2800.184. Labeling of medications. 2800.44. Complaint procedures. 2800.185. Accountability of medication and controlled substances. STAFFING 2800.186. Prescription medications. 2800.187. Medication records. 2800.51. Criminal history checks. 2800.188. Medication errors. 2800.52. Staff hiring, retention and utilization. 2800.189. Adverse reaction. 2800.53. Qualifications and responsibilities of administrators. 2800.190. Medication administration training. 2800.54. Qualifications for direct care staff persons. 2800.191. Resident education. 2800.55. Portability of staff qualifications and training. 2800.56. Administrator staffing. SAFE MANAGEMENT TECHNIQUES 2800.57. Direct care staffing. 2800.201. Safe management techniques. 2800.58. Awake staff persons. 2800.202. Prohibitions. 2800.59. Multiple buildings. 2800.203. Bedside rails. 2800.60. Additional staffing based on the needs of the residents. 2800.61. Substitute personnel. SERVICES 2800.62. List of staff persons. 2900.220. Assisted living residence services. 2800.63. First aid, CPR and obstructed airway training. 2800.221. Activities program. 2800.64. Administrator training and orientation. 2800.222. Community social services. 2800.65. Direct care staff person training and orientation. 2800.223. Description of services. 2800.66. Staff training plan. 2800.224. Preadmission screening. 2800.67. Training institution registration. 2800.225. Initial and annual assessment. 2800.68. Instructor approval. 2800.226. Mobility criteria.

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2800.227. Development of the support plan. § 2800.4. Definitions. 2800.228. Transfer and discharge. 2800.229. Excludable conditions; exceptions. The following words and terms, when used in this SPECIAL CARE UNITS chapter, have the following meanings, unless the context clearly indicates otherwise: 2800.231. Admission. 2800.232. Environmental protection. ADL—Activities of daily living—The term includes eat- 2800.233. Doors, locks and alarms. ing, drinking, ambulating, transferring in and out of a 2800.234. Resident care. 2800.235. Discharge. bed or chair, toileting, bladder and bowel management, 2800.236. Training. personal hygiene, securing health care, managing health 2800.237. Program. care, self-administering medication and proper turning 2800.238. Staffing. and positioning in a bed or chair. 2800.239. Application to Department. Abuse—The occurrence of one or more of the following RESIDENT RECORDS acts: 2800.251. Resident records. 2800.252. Content of resident records. (i) The infliction of injury, unreasonable confinement, 2800.253. Record retention and disposal. intimidation or punishment with resulting physical harm, 2800.254. Record access and security. pain or mental anguish. ENFORCEMENT (ii) The willful deprivation by the assisted living resi- 2800.261. Classification of violations. dence or its staff persons of goods or services which are 2800.262. Penalties and corrective action. necessary to maintain physical or mental health. 2800.263. Appeals of penalty. 2800.264. Use of fines. (iii) Sexual harassment, rape or abuse, as defined in 23 2800.265. Review of classifications. Pa.C.S. Chapter 61 (relating to protection from abuse). 2800.266. Revocation or nonrenewal of licenses. 2800.267. Relocation of residents. (iv) Exploitation by an act or a course of conduct, 2800.268. Notice of violations. including misrepresentation or failure to obtain informed 2800.269. Ban on admissions. consent which results in monetary, personal or other 2800.270. Correction of violations. benefit, gain or profit for the perpetrator, or monetary or GENERAL PROVISIONS personal loss to the resident. § 2800.1. Purpose. (v) Neglect of the resident, which results in physical (a) The purpose of this chapter is to protect the health, harm, pain or mental anguish. safety and well-being of assisted living residents. (vi) Abandonment or desertion by the assisted living (b) Assisted living residences are a significant long-term residence or its staff persons. care alternative to allow individuals to age in place. Adult—An individual who is 18 years of age or older. Residents who live in assisted living residences that meet the requirements in this chapter will receive the assist- Ancillary staff person—An individual who provides ser- ance they need to age in place and develop and maintain vices for the residents other than activities of daily living. maximum independence, self-determination and personal Age in place or aging in place—Receiving care and choice. services at a licensed assisted living residence to accom- § 2800.2. Scope. modate a resident’s changing needs and preferences in order to allow the resident to remain in the assisted (a) This chapter applies to assisted living residences as living residence. defined in this chapter, and contains the minimum re- quirements that shall be met to obtain a license to Area agency on aging—The local agency designated by operate an assisted living residence. the Department of Aging as defined in section 2202-A of The Administrative Code of 1929 (71 P. S. § 581-2). (b) This chapter does not apply to personal care homes, domiciliary care homes, independent living communities Assisted living residence or residence—Any premises in or commercial boarding residences. which food, shelter, personal care, assistance or supervi- sion and supplemental health care services are provided § 2800.3. Inspections and licenses. for a period exceeding 24-hours for four or more adults (a) The Department will annually conduct at least one who are not relatives of the operator, who require assist- onsite unannounced inspection of each assisted living ance or supervision in matters such as dressing, bathing, residence. diet, financial management, evacuation from the resi- dence in the event of an emergency or medication pre- (b) Additional announced or unannounced inspections scribed for self-administration. may be conducted at the Department’s discretion. Assisted living residence administrator—An individual (c) The Department may conduct an abbreviated annual who is charged with the general administration of an licensure visit if the assisted living residence has estab- assisted living residence, whether or not the individual lished a history of exemplary compliance. has an ownership interest in the residence or his function (d) A license will be issued to the legal entity by the and duties are shared with other individuals. Department if, after an investigation by an authorized Agent—An individual authorized by the Department to agent of the Department, the requirements for a license enter, visit, inspect or conduct an investigation of an are met. assisted living residence. (e) The assisted living residence shall post the current Appropriate assessment agency—An organization serv- license, a copy of the current license inspection summary ing adults who are older or adults with disabilities, such issued by the Department and a copy of this chapter in a as a county mental health/mental retardation agency, a conspicuous and public place in the assisted living resi- drug and alcohol agency, an area agency on aging or dence. another human service agency or an individual in an

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 PROPOSED RULEMAKING 4463 occupation maintaining contact with adults who are older Financial management— and adults with disabilities, such as medicine, nursing or rehabilitative therapies. (i) A personal care service requested or required by the resident in accordance with his support plan, which CAM—Complementary and alternative medications— includes taking responsibility for or assisting with paying Practices, substances and ideas used to prevent or treat bills, budgeting, maintaining accurate records of income illness or promote health and well-being outside the and disbursements, safekeeping funds and making funds realm of modern conventional medicine. Alternative medi- available to the resident upon request. cine is used alone or instead of conventional medicine. Complementary medicine is used along with or in addi- (ii) The term does not include solely storing funds in a tion to conventional medicine. safe place as a convenience for a resident. CPR—Cardiopulmonary resuscitation. Fire safety expert—A member of a local fire department, fire protection engineer, Commonwealth-certified fire pro- Cognitive support services— tection instructor, college instructor in fire science, county (i) Services provided to an individual who has memory or Commonwealth fire school, volunteer trained and impairments and other cognitive problems which signifi- certified by a county or Commonwealth fire school, an cantly interfere with his ability to carry out ADLs without insurance company loss control representative, Depart- assistance and who requires that supervision, monitoring ment of Labor and Industry building code inspector or and programming be available 24 hours per day, 7 days construction code official. per week, in order to reside safely in the setting of his Health care or human services field—Includes the fol- choice. lowing: (ii) The term includes assessment, health support ser- (i) Child welfare services. vices and a full range of dementia-capable activity pro- gramming and crisis management. (ii) Adult services. Commercial boarding residence—A type of residential (iii) Older adult services. living facility providing only food and shelter, or other (iv) Mental health/mental retardation services. services normally provided by a hotel, for payment, for individuals who require no services beyond food, shelter (v) Drug and alcohol services. and other services usually found in hotel or apartment rental. (vi) Services for individuals with disabilities. Complaint—A written or oral criticism, dispute or (vii) Medicine. objection presented by or on behalf of a resident to the (viii) Nursing. Department regarding the care, operations or manage- ment of an assisted living residence. (ix) Rehabilitative services. Day—Calendar day. (x) Any other human service or occupation that main- tains contact with adults who are older or adults and Dementia—A clinical syndrome characterized by a de- children with disabilities. cline of long duration in mental function in an alert individual. Symptoms of dementia may include memory Housekeeping—The cleaning of the living unit and loss, personality change, chronic wandering and the loss common areas. Cleaning of the living unit includes at or diminishing of other cognitive abilities, such as learn- least weekly dusting, sweeping, vacuuming, mopping, ing ability, judgment, comprehension, attention and orien- emptying trash, and cleaning of bathroom, counters, tation to time and place and to oneself. refrigerator and microwave oven. Housekeeping for com- mon areas means keeping them in clean sanitary condi- Department—The Department of Public Welfare of the tion. Commonwealth. IADL—Instrumental activities of daily living—The term Designated person—An individual who may be chosen includes the following activities when done on behalf of a by the resident and documented in the resident’s record, resident: to be notified in case of an emergency, termination of service, assisted living residence closure or other situa- (i) Doing laundry. tions as indicated by the resident or as required by this (ii) Shopping. chapter. A designated person may be the resident’s legal representative or an advocate. (iii) Securing and using transportation. Designee—A staff person authorized in writing to act in (iv) Financial management. the administrator’s absence. (v) Using a telephone. Direct care staff person—A staff person who directly assists residents with activities of daily living, and instru- (vi) Making and keeping appointments. mental activities of daily living and provides services or is (vii) Caring for personal possessions. otherwise responsible for the health, safety and well- being of the residents. (viii) Writing correspondence. Discharge—Termination of an individual’s residency in (ix) Engaging in social and leisure activities. an assisted living residence. (x) Using a prosthetic device. Emergency medical plan—A plan that ensures immedi- (xi) Obtaining and keeping clean, seasonal clothing. ate and direct access to medical care and treatment for serious injury or illness, or both. (xii) Housekeeping. Exemplary compliance—Three consecutive years of Informed consent agreement—A formal, mutually deficiency-free inspections. agreed upon, written understanding which:

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(i) Results after thorough discussion among the as- Premises—The grounds and buildings on the same sisted living residence staff, the resident and any indi- grounds, used for providing services required by resi- viduals the resident wants to be involved. dents. (ii) Identifies how to balance the assisted living resi- Protective services unit—The local area agency on aging dence’s responsibilities to the individuals it serves with a unit designated by the Department of Aging to investigate resident’s choices and capabilities with the possibility allegations of abuse of adults who are 60 years of age or that those choices will place the resident or other resi- older and assess the need for protective interventions. dents at risk of harm. Referral agent—An agency or individual who arranges (iii) Documents the resident’s choice to accept or refuse for or assists, or both, with placement of a resident into a service offered by or at the residence. an assisted living residence. Legal entity—A person, society, corporation, governing Relative—A spouse, parent, child, stepparent, stepchild, authority or partnership legally responsible for the ad- grandparent, grandchild, brother, sister, half-brother, ministration and operation of an assisted living residence. half-sister, aunt, uncle, niece or nephew. Legal representative—An individual who holds a power Resident— An individual, unrelated to the legal entity, of attorney, a court-appointed guardian or other person who resides in an assisted living residence, and who may authorized to act for the resident. require personal care services or supplemental health License—A certificate of compliance issued by the De- care services, or both. partment permitting the operation of an assisted living Resident with mobility needs—An individual who is residence, at a given location, for a specific period of time, unable to move from one location to another, has diffi- for a specified capacity, according to Chapter 20 (relating culty in understanding and carrying out instructions to licensure or approval of facilities and agencies). without the continued full assistance of other individuals Licensee—A person legally responsible for the opera- or is incapable of independently operating an ambulation tions of an assisted living residence licensed in accord- device, such as a wheelchair, prosthesis, walker or cane to ance with this chapter. exit a building. Long-term care ombudsman—A representative of the Restraint—A manual, chemical or mechanical device Office of the State Long-Term Care Ombudsman in the used to limit or restrict the movement or normal function Department of Aging who investigates and seeks to of an individual or a portion of the individual’s body. resolve complaints made by or on behalf of individuals SSI—Supplemental Security Income. who are 60 years of age or older who are consumers of long-term care services. These complaints may relate to Secretary—The Secretary of the Department. action, inaction or decisions of providers of long-term care Special care designation—A licensed assisted living services, of public agencies, of social service agencies or residence or a distinct part of the residence which is their representatives, which may adversely affect the specifically designated by the Department as capable of health, safety, well-being or rights of these consumers. providing cognitive support services to residents with Mobile resident— severe cognitive impairments, including dementia or Alzheimer’s disease, in the least restrictive manner to (i) A resident who is physically and mentally capable of ensure the safety of the resident and others in the vacating the assisted living residence on the resident’s residence while maintaining the resident’s ability to age own power or with limited physical or oral assistance in in place. the case of an emergency, including the capability to ascend or descend stairs if present on the exit path. Staff person—An individual who works for the assisted living residence for compensation either on payroll or (A) Physical assistance means assistance in getting to under contract. one’s feet or into a wheelchair, walker or prosthetic device. Supplemental health care services—The provision by an assisted living residence of any type of health care service (B) Oral assistance means giving instructions to assist that allows residents to age in place, either directly or the resident in vacating the assisted living residence. through contractors, subcontractors, agents or designated (ii) The term includes an individual who is able to providers, except for any service that is required by law effectively operate an ambulation device required for to be provided by a health care facility under the Health moving from one place to another, and able to understand Care Facilities Act (35 P. S. §§ 448.101—448.901). and carry out instructions for vacating the assisted living residence. Support plan—A written document that describes for each resident the resident’s care, service or treatment Neglect—The failure of an assisted living residence or needs based on the assessment of the resident, and when its staff persons to provide goods or services essential to the care, service or treatment will be provided, and by avoid a clear and serious threat to the physical or mental whom. health of a resident. The failure or omission to provide the care, supervision and services that the assisted living Transfer—Movement of a resident within the assisted residence has voluntarily, or by contract, agreed to pro- living residence or to a temporary placement outside the vide and that are necessary to maintain the resident’s assisted living residence. health, safety and well-being, including personal care Volunteer— services, food, clothing, medicine, shelter, supervision and (i) An individual who, of his own free will, and without medical services. Neglect may be repeated conduct or a monetary compensation, provides direct care services for single incident. residents in the assisted living residence. OTC—Over-the-counter or nonprescription. (ii) The term does not include visitors or individuals Personal care services—Assistance or supervision in who provide nondirect services or entertainment on an ADL or IADL, or both. occasional basis.

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§ 2800.5. Access. (b) Appeals related to the licensure or approval of the (a) The administrator or a designee shall provide, upon assisted living residence shall be made by filing a petition request, immediate access to the residence, the residents within 30 days after service of notice of the action. and records to: (c) Subsection (b) supersedes the appeal period of 1 (1) Agents of the Department. Pa. Code § 35.20 (relating to appeals from actions of the staff). (2) Representatives of the area agency on aging. § 2800.13. Maximum capacity. (3) Representatives of the Long-Term Care Ombuds- man Program. (a) The maximum capacity is the total number of residents who are permitted to reside in the residence at (4) Representatives of the protection and advocacy sys- any time. A request to increase the capacity shall be tem for individuals with disabilities designated under the submitted to the Department and other applicable au- Protection and Advocacy for Individual Rights Program of thorities and approved prior to the admission of addi- the Vocational Rehabilitation and Rehabilitation Services tional residents. The maximum capacity is limited by Act (29 U.S.C.A. § 794e), the Protection and Advocacy for physical plant space and other applicable laws and Individuals with Mental Illness Act (42 U.S.C.A. regulations. §§ 10801—10851) and the Developmental Disabilities As- sistance and Bill of Rights Act (42 U.S.C.A. §§ 15041— (b) The maximum capacity specified on the license may 15043). not be exceeded. (b) The administrator or a designee shall permit com- § 2800.14. Fire safety approval. munity service organizations and representatives of legal services programs to have access to the residence during (a) Prior to issuance of a license, a written fire safety visitation hours or by appointment for the purpose of approval from the Department of Labor and Industry, the assisting or informing the residents of the availability of Department of Health or the appropriate local building services and assistance. A resident or a resident’s desig- authority under the Pennsylvania Construction Code Act nated person if so authorized may decline the services of (35 P. S. §§ 7210.101—7210.1103) is required. the community service organization or the legal service (b) If the fire safety approval is withdrawn or re- program. stricted, the residence shall notify the Department orally GENERAL REQUIREMENTS immediately, and in writing, within 48 hours of the withdrawal or restriction. § 2800.11. Procedural requirements for licensure or approval of assisted living residences. (c) If a building is structurally renovated or altered after the initial fire safety approval is issued, the resi- (a) Except for § 20.32 (relating to announced inspec- dence shall submit the new fire safety approval, or tions), the requirements in Chapter 20 (relating to written certification that a new fire safety approval is not licensure or approval of facilities and agencies) apply to required, from the appropriate fire safety authority. This assisted living residences. documentation shall be submitted to the Department (b) Before a residence is initially licensed and permit- within 15 days of the completion of the renovation or ted to open, operate or admit residents, it will be alteration. inspected by the Department and found to be in compli- (d) The Department will request additional fire safety ance with applicable laws and regulations including this inspections by the appropriate agency if possible fire chapter. The Department will reinspect newly licensed safety violations are observed during an inspection by the residences within 3 months of the date of initial licensure. Department. (c) After the Department determines that a residence meets the requirements for a license, the Department’s (e) Fire safety approval must be renewed at least every issuance or renewal of a license to a residence is contin- 3 years, or more frequently, if requested by the Depart- gent upon receipt by the Department of the following fees ment. based on the number of beds in the residence, as follows: § 2800.15. Abuse reporting covered by law. (1) A $500 license application or renewal fee. (a) The residence shall immediately report suspected (2) A $105 per bed fee that may be adjusted by the abuse of a resident served in the residence in accordance Department annually at a rate not to exceed the Con- with the Older Adult Protective Services Act (35 P. S. sumer Price Index. The Department will publish a notice §§ 10225.701—10225.707) and 6 Pa. Code §§ 15.21— in the Pennsylvania Bulletin when the per bed fee is 15.27 (relating to reporting suspected abuse, neglect, increased. abandonment or explointation) and comply with the re- quirements regarding restrictions on staff persons. (d) A person, organization or program may not use the term ‘‘assisted living’’ in any name or written material, (b) If there is an allegation of abuse of a resident except as a licensee in accordance with this chapter. involving a residence’s staff person, the residence shall Corporate entities which own subsidiaries that are li- immediately develop and implement a plan of supervision censed as assisted living residences may not use the term or suspend the staff person involved in the alleged ‘‘assisted living’’ in any written material to market pro- incident. grams that are not licensed in accordance with this (c) The residence shall immediately submit to the chapter. Department’s assisted living residence office a plan of § 2800.12. Appeals. supervision or notice of suspension of the affected staff person. (a) Appeals related to the licensure or approval of the assisted living residence shall be made in accordance with (d) The residence shall immediately notify the resident 1 Pa. Code Part II (relating to General Rules of Adminis- and the resident’s designated person of a report of trative Practice and Procedure (GRAPP)). suspected abuse or neglect involving the resident.

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§ 2800.16. Reportable incidents and conditions. (e) If the residence’s final report validates the occur- (a) A reportable incident or condition includes the rence of the alleged incident or condition, the affected following: resident and other residents who could potentially be harmed or his designated person shall also be informed (1) The death of a resident. immediately following the conclusion of the investigation. (2) A physical act by a resident to commit suicide. (f) The residence shall keep a copy of the report of the (3) An injury, illness or trauma requiring treatment at reportable incident or condition. a hospital or medical facility. This does not include minor § 2800.17. Confidentiality of records. injuries such as sprains or minor cuts. Resident records shall be confidential, and, except in (4) A violation of a resident’s rights in §§ 2800.41— emergencies, may not be accessible to anyone other than 2800.44 (relating to resident rights). the resident, the resident’s designated person if any, staff (5) An unexplained absence of a resident for 24 hours persons for the purpose of providing services to the or more, or when the support plan so provides, a period of resident, agents of the Department and the long-term less than 24 hours, or an absence of a resident from a care ombudsman without the written consent of the special care unit. resident, an individual holding the resident’s power of attorney for health care or health care proxy or a (6) Misuse of a resident’s funds by the residence’s staff resident’s designated person, or if a court orders disclo- persons or legal entity. sure. (7) An outbreak of a serious communicable disease as defined in 28 Pa. Code § 27.2 (relating to specific identi- § 2800.18. Applicable laws. fied reportable diseases, infections and conditions). A residence shall comply with applicable Federal, State (8) Food poisoning of residents. and local laws, ordinances and regulations. (9) A physical or sexual assault by or against a resi- § 2800.19. Waivers. dent. (a) A residence may submit a written request for a (10) Fire or structural damage to the residence. waiver of a specific requirement contained in this chapter. The waiver request must be on a form prescribed by the (11) An incident requiring the services of an emergency Department. The Secretary, or the Secretary’s appointee, management agency, fire department or law enforcement may grant a waiver of a specific requirement of this agency, except for false alarms. chapter if the following conditions are met: (12) A complaint of resident abuse, suspected resident (1) There is no jeopardy to the residents. abuse or referral of a complaint of resident abuse to a local authority. (2) There is an alternative for providing an equivalent level of health, safety and well-being protection of the (13) A prescription medication error as defined in residents. § 2800.188 (relating to medication errors). (14) An emergency in which the procedures under (3) Residents will benefit from the waiver of the re- § 2800.107 (relating to emergency preparedness) are quirement. implemented. (b) The scope, definitions, applicability or residents’ (15) An unscheduled closure of the residence or the rights, assisted living service delivery requirements, spe- relocation of the residents. cial care designation requirements, disclosure require- ments, complaint rights or procedures, notice require- (16) Bankruptcy filed by the legal entity. ments to residents or family, contract requirements, (17) A criminal conviction against the legal entity, reporting requirements, fire safety requirements, assess- administrator or staff that is subsequent to the reporting ment, support plan or service delivery requirements on the criminal history checks under § 2800.51 (relating under this chapter may not be waived. to criminal history checks). (c) At least 30 days prior to the submission of the (18) A termination notice from a utility. completed written waiver request to the Department, the residence shall provide a copy of the completed written (19) A violation of the health and safety laws under waiver request to the affected resident and designated § 2800.18 (relating to applicable laws). person to provide the opportunity to submit comments to (20) An absence of staff or inadequate staff to super- the Department. The residence shall provide the affected vise residents. resident and designated person with the name, address and telephone number of the Department staff person to (b) The residence shall develop and implement written submit comments. policies and procedures on the prevention, reporting, notification, investigation and management of reportable (d) The residence shall discuss the waiver request with incidents and conditions. the affected resident and designated person upon the request of the resident or designated person. (c) The residence shall report the incident or condition to the Department’s assisted living residence office or the (e) The residence shall notify the affected resident and assisted living residence complaint hotline within 24 designated person of the approval or denial of the waiver. hours in a manner designated by the Department. Abuse A copy of the waiver request and the Department’s reporting must also follow the guidelines in § 2800.15 written decision shall be posted in a conspicuous and (relating to abuse reporting covered by law). public place within the residence. (d) The residence shall submit a final report, on a form (f) The Department will review waivers annually to prescribed by the Department, to the Department’s as- determine compliance with the conditions required by the sisted living residence office immediately following the waiver. The Department may revoke the waiver if the conclusion of the investigation. conditions required by the waiver are not met.

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§ 2800.20. Financial management. (b) Upon application for residency and prior to admis- sion to the residence, the licensee shall provide each (a) A resident may manage his personal finances un- potential resident or potential resident’s designated per- less he has a guardian of his estate. son with written disclosures that include: (b) If the residence provides assistance with financial (1) A list of the nonwaivable resident rights. management or holds resident funds, the following re- quirements apply: (2) A copy of the agreement the resident will be asked to sign. (1) The residence shall keep a record of financial transactions with the resident, including the dates, (3) A copy of residence rules and resident handbook. amounts of deposits, amounts of withdrawals and the The resident handbook shall be approved by the Depart- current balance. ment. (2) Resident funds shall be disbursed during normal (4) Specific information about: business hours within 24 hours of the resident’s request. (i) What services are offered by the residence. (3) The residence shall obtain a written receipt from (ii) The cost of those services to the potential resident. the resident for cash disbursements at the time of disbursement. (iii) The contact information for the Department. (4) Resident funds and property shall only be used for (iv) The licensing status of the most recent inspection the resident’s benefit. reports and instructions for access to the Department’s public website for information on the residence’s most (5) Commingling of resident funds and residence funds recent inspection reports. is prohibited. (v) Disclosure of any waivers that have been approved (6) If a residence is holding more than $200 for a for the residence and are still in effect. resident for more than 2 consecutive months, the admin- § 2800.23. Activities. istrator shall notify the resident and offer assistance in establishing an interest-bearing account in the resident’s (a) A residence shall provide each resident with assist- name at a local Federally-insured financial institution. ance with ADLs as indicated in the resident’s assessment This does not include security deposits. and support plan. (7) The legal entity, administrator and staff persons of (b) A residence shall provide each resident with assist- the residence are prohibited from being assigned power of ance with IADLs as indicated in the resident’s assess- attorney or guardianship of a resident or a resident’s ment and support plan. estate. § 2800.24. Personal hygiene. (8) The residence shall give the resident and the A residence shall provide the resident with assistance resident’s designated person, an itemized account of with personal hygiene as indicated in the resident’s financial transactions made on the resident’s behalf on a assessment and support plan. Personal hygiene includes quarterly basis. one or more of the following: (9) A copy of the itemized account shall be kept in the (1) Bathing. resident’s record. (2) Oral hygiene. (10) The residence shall provide the resident the oppor- tunity to review his own financial record upon request (3) Hair grooming and shampooing. during normal business hours. (4) Dressing, undressing and care of clothes. § 2800.21. Offsite services. (5) Shaving. If services or activities are provided by the residence at (6) Nail care. a location other than the premises, the residence shall ensure that the residents’ support plans are followed and (7) Foot care. that the resident’s health and safety needs are met. (8) Skin care. § 2800.22. Application and admission. § 2800.25. Resident-residence contract. (a) The following admission documents shall be com- (a) Prior to admission, or within 24 hours after admis- pleted for each resident: sion, a written resident-residence contract between the resident and the residence must be in place. The adminis- (1) Preadmission screening completed prior to admis- trator or a designee shall complete this contract and sion on a form specified by the Department. review and explain its contents to the resident and the (2) Medical evaluation completed 60 days prior to or 15 resident’s designated person if any, prior to signature. days after admission on a form specified by the Depart- (b) The contract shall be signed by the administrator or ment. a designee, the resident and the payer, if different from (3) Assisted living resident assessment completed the resident, and cosigned by the resident’s designated within 15 days after admission on a form specified by the person if any, if the resident agrees. The contract must Department. run month-to-month with automatic renewal unless ter- minated by the resident with 14 days’ notice or by the (4) Support plan developed and implemented within 30 residence with 30 days’ notice in accordance with days after admission. § 2800.228 (relating to transfer and discharge). (5) Resident-residence contract completed prior to ad- (c) At a minimum, the contract must specify the follow- mission or within 24 hours after admission. ing:

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(1) Each resident shall retain, at a minimum, the ing the resident to manage a portion of the rent rebate, current personal needs allowance as the resident’sown the requirements of § 2800.20 (relating to financial funds for personal expenditure. A contract to the contrary management) may apply. There may be no charge for is not valid. A personal needs allowance is the amount filling out this paperwork. that a resident shall be permitted to keep for his personal use. (e) The resident, or a designated person, has the right to rescind the contract for up to 72 hours after the initial (2) A fee schedule that lists the actual amount of dated signature of the contract or upon receipt of the charges for the residence’s core assisted living services initial support plan. The resident shall pay only for the that the individual is purchasing, including: services received. Rescission of the contract must be in (i) Assistance with unscheduled ADLs and supplemen- writing addressed to the residence. tal health care services. (f) The residence may not require or permit a resident (ii) Three meals a day and snacks as provided in to assign assets to the residence in return for a life care § 2800.161 (relating to nutritional adequacy). contract/guarantee. A life care contract/guarantee is an agreement between the legal entity and the resident that (iii) Laundry services as provided in § 2800.105 (relat- the legal entity will provide care to the resident for the ing to laundry). duration of the resident’s life. Continuing care communi- (iv) Housekeeping as defined in § 2800.4 (relating to ties that have obtained a Certificate of Authority from the definitions). Insurance Department and have provided a copy of the (v) Transportation in accordance with § 2800.171 (re- certificate to the Department are exempt from this re- lating to transportation). quirement. (vi) Medication management or administration as pro- (g) A copy of the signed resident-residence contract vided in §§ 2800.181 and 2800.182 (relating to self- shall be given to the resident and a copy shall be filed in administration; and medication administration). the resident’s record. (vii) Daily planned social activities and socialization as (h) The service needs addressed in the resident’s sup- provided in § 2800.221 (relating to activities program). port plan shall be available to the resident every day of (3) An explanation of the annual assessment, medical the year. evaluation and support plan requirements and proce- (i) The assisted living services included in the package dures, which shall be followed if either the assessment or the individual is purchasing shall be the contract price. the medical evaluation indicates the need for another and Supplemental health care services must be packaged, more appropriate level of care. contracted and priced separately from the resident- (4) The party responsible for payment. residence contract. Services other than supplemental health care services must be priced separately from the (5) The method for payment of charges for long dis- service package in the resident-residence contract. tance telephone calls. (6) The conditions under which refunds will be made, § 2800.26. Quality management. including the refund of admission fees and refunds upon a (a) The residence shall establish and implement a resident’s death. quality management plan. (7) The financial arrangements if assistance with fi- (b) The quality management plan must address the nancial management is to be provided. periodic review and evaluation of the following: (8) The residence’s rules related to residence services, including whether the residence permits smoking. (1) The reportable incident and condition reporting procedures. (9) The conditions under which the resident-residence contract may be terminated including residence closure as (2) Complaint procedures. specified in § 2800.228 (relating to transfer and dis- (3) Staff person training. charge). (10) A statement that the resident is entitled to at (4) Licensing violations and plans of correction, if ap- least 30 days’ advance notice, in writing, of the resi- plicable. dence’s request to change the contract. (5) Resident or family councils, or both, if applicable. (11) A list of personal care services or supplemental (c) The quality management plan must include the health care services, or both, to be provided to the development and implementation of measures to address resident based on the outcome of the resident’s support the areas needing improvement that are identified during plan, a list of the actual rates that the resident will be the periodic review and evaluation. periodically charged for food, shelter and services and how, when and by whom payment is to be made. § 2800.27. SSI recipients. (12) Charges to the resident for holding a bed during (a) If a residence agrees to admit a resident eligible for hospitalization or other extended absence from the resi- SSI benefits, the residence’s charges for actual rent and dence. other services may not exceed the SSI resident’s actual (13) Written information on the resident’s rights and current monthly income reduced by the current personal complaint procedures as specified in § 2800.41 (relating needs allowance. to notification of rights and complaint procedures). (b) The administrator or staff persons may not include (d) A residence may not seek or accept payments from funds received as lump sum awards, gifts or inheritances, a non-SSI resident of any funds received by the resident gains from the sale of property or retroactive government under the Senior Citizens Rebate and Assistance Act (72 benefits when calculating payment of rent for an SSI P. S. §§ 4751-1—4751-12). If the residence will be assist- recipient or for a resident eligible for SSI benefits.

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(c) The administrator or staff persons may not seek or (f) Within 30 days of either the termination of service accept any payments from funds received as retroactive by the residence or the resident’s leaving the residence, awards of SSI benefits, but may seek and accept the the resident shall receive an itemized written account of payments only to the extent that the retroactive awards the resident’s funds, including notification of funds still cover periods of time during which the resident actually owed the residence by the resident or a refund owed the resided in the residence and for which full payment has resident by the residence. Refunds shall be made within not been received. 30 days of discharge. (d) The administrator shall provide each resident who (g) Upon discharge of the resident or transfer of the is a recipient of SSI, at no charge beyond the amount resident, the administrator shall return the resident’s determined in subsection (a), the following items or funds being managed or stored by the residence to the services as needed: resident within 2 business days from the date the living unit is cleared of the resident’s personal property. (1) Necessary personal hygiene items, such as a comb, toothbrush, toothpaste, soap and shampoo. Cosmetic § 2800.29. Hospice care and services. items are not included. Hospice care and services that are licensed by the (2) Laundry services for personal laundry, bed linens Department of Health as a hospice may be provided in an and towels, but not including dry cleaning or other assisted living residence. specialized services. § 2800.30. Informed consent process. (3) Personal care services. (a) Initiation of process. (e) Third-party payments made on behalf of an SSI (1) When a licensee determines that a resident’s deci- recipient and paid directly to the residence are permitted. sion, behavior or action creates a dangerous situation and These payments may not be used for food, clothing or places the resident, other residents or staff members at shelter because to do so would reduce SSI payments. See imminent risk of substantial harm by the resident’s wish 20 CFR 416.1100 and 416.1102 (relating to income and to exercise independence in directing the manner in SSI eligibility; and what is income). These payments may which they receive care, the licensee may initiate an be used to purchase items or services for the resident that informed consent process to address the identified risk are not food, clothing or shelter. and to reach a mutually agreed-upon plan of action with the resident or the resident’s designated person. The § 2800.28. Refunds. initiation of an informed consent process does not guaran- (a) If, after the residence gives notice of transfer or tee that an informed consent agreement, which is agree- discharge in accordance with § 2800.228(b) (relating to able to all parties, will be reached and executed. transfer and discharge), and the resident moves out of the (2) When a resident wishes to exercise independence in residence before the 30 days are over, the residence shall directing the manner in which the resident receives care, give the resident a refund equal to the previously paid the resident may initiate an informed consent process to charges for rent, personal care services and supplemental modify the support plan and attempt to reach a mutually health care services, if applicable, for the remainder of agreed upon plan of action with the licensee. A cognitively the 30-day time period. The refund shall be issued within impaired resident shall be eligible for an informed con- 30-days of transfer or discharge. The resident’s personal sent agreement only if the resident’s legal representative needs allowance shall be refunded within 2 business days is included in the negotiation of the informed consent of transfer or discharge. agreement and executes the agreement. (b) After a resident gives notice of the intent to leave in (b) Notification. accordance with § 2800.25(b) (relating to resident- (1) When the licensee chooses to initiate an informed residence contract) and if the resident moves out of the consent process, the provider shall do so by notifying the residence before the expiration of the required 14 days, resident and, if applicable, the resident’s designated the resident owes the residence the charges for rent and person in writing and orally. The notification must in- personal care services and supplemental health care clude a statement that the long-term care ombudsman is services, or both, for the entire length of the 14-day time available to assist in the process and include the contact period for which payment has not been made. information for the ombudsman. For cognitively impaired (c) If no notice is required, as set forth in subsection residents, the ombudsman shall be automatically notified (d), the resident shall be required to pay only for the by the licensee. Notification shall be documented in the nights spent in the residence. resident’s file by the licensee. (2) When a resident or, if applicable, the resident’s (d) If the residence does not require a written notice legal representative chooses to initiate an informed con- prior to a resident’s departure, the administrator shall sent negotiation, the resident or the resident’s legal refund the remainder of previously paid charges to the representative shall do so by notifying the licensee in resident within 30 days of the date the resident moved writing or orally. Notification shall be documented in the from the residence. resident’s file by the licensee. (e) In the event of the death of a resident under 60 (c) Resident’s involvement. A resident who is not years of age, the administrator shall refund the remain- cognitively impaired shall be entitled, but is not required, der of previously paid charges to the resident’s estate to involve his legal representative and physician, and any within 30 days from the date the living unit is cleared of other individual the resident wants involved, to partici- the resident’s personal property. In the event of the death pate or assist in the discussion of the resident’s wish to of a resident 60 years of age and older, the residence shall exercise independence and, if necessary, in developing a provide a refund in accordance with the Elder Care satisfactory informed consent agreement that balances Payment Restitution Act (35 P. S. §§ 10226.101— the resident’s choices and capabilities with the possibility 10226.107). The residence shall keep documentation of that the choices will place the resident or other residents the refund in the resident’s record. at risk of harm.

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(d) Informed consent meeting. regulatory requirements promulgated under this chapter (1) In a manner the resident can understand, the nor affect enforceability of regulatory provisions including licensee shall discuss the resident’s wish to exercise those provisions governing admission or discharge or the independence in directing the manner in which he re- permissible level of care in an assisted living residence. ceives care. The discussion must relate to the decision, (j) Change in resident’s condition. An informed consent behavior or action that places the resident or persons agreement must be updated following a significant other than the resident in imminent risk of substantial change in the resident’s condition that affects the risk harm and hazards inherent in the resident’s action. The potential to the resident or persons other than the discussion must include reasonable alternatives, if any, resident. for mitigating the risk, the significant benefits and disad- RESIDENT RIGHTS vantages of each alternative and the most likely outcome of each alternative. In the case of a resident with a § 2800.41. Notification of rights and complaint pro- cognitive impairment, the resident’s legal representative cedures. shall participate in the discussion. (a) Upon admission, each resident and, if applicable, (2) A resident may not have the right to place persons the resident’s designated person, shall be informed of other than himself at risk, but, consistent with statutory resident rights and the right to lodge complaints without and regulatory requirements, may elect to proceed with a intimidation, retaliation or threats of retaliation by the decision, behavior or action affecting only his own safety residence or its staff persons against the reporter. Retali- or health status, foregoing alternatives for mitigating the ation includes transfer or discharge from the residence. risk, after consideration of the benefits and disadvantages (b) Notification of rights and complaint procedures of the alternatives including his wish to exercise indepen- shall be communicated in an easily understood manner dence in directing the manner in which he receives care. and in a language understood by or mode of communica- The licensee shall evaluate whether the resident under- tion used by the resident and, if applicable, the resident’s stands and appreciates the nature and consequences of designated person. the risk, including the significant benefits and disadvan- tages of each alternative considered, and then shall (c) The Department’s poster of the list of resident’s further ascertain whether the resident is consenting to rights shall be posted in a conspicuous and public place in accept or mitigate the risk with full knowledge and the residence. forethought. (d) A copy of the resident’s rights and complaint proce- (e) Successful negotiation. If the parties agree, the dures shall be given to the resident and, if applicable, the informed consent agreement shall be reduced to writing resident’s designated person upon admission. and signed by all parties, including all individuals en- (e) A statement signed by the resident and, if appli- gaged in the negotiation at the request of the resident, cable, the resident’s designated person acknowledging and shall be retained in the resident’s file as part of the receipt of a copy of the information specified in subsection service plan. (d), or documentation of efforts made to obtain signature, (f) Unsuccessful negotiation. If the parties do not agree, shall be kept in the resident’s record. the licensee shall notify the resident, the resident’s legal § 2800.42. Specific rights. representative and the individuals engaged in the in- formed consent negotiation at the request of the resident. (a) A resident may not be discriminated against be- The residence shall include information on the local cause of race, color, religious creed, disability, ancestry, ombudsman or the appropriate advocacy organization for sexual orientation, national origin, age or sex. assistance relating to the disposition and whether the (b) A resident may not be neglected, intimidated, physi- licensee will issue a notice of discharge. cally or verbally abused, mistreated, subjected to corporal (g) Freedom from duress. An informed consent agree- punishment or disciplined in any way. ment must be voluntary and free of force, fraud, deceit, (c) A resident shall be treated with dignity and respect. duress, coercion or undue influence, provided that a licensee retains the right to issue a notice of involuntary (d) A resident shall be informed of the rules of the discharge in the event a resident’s decision, behavior or residence and given 30 days’ written notice prior to the action creates a dangerous situation and places persons effective date of a new residence rule. other than the resident at imminent risk of substantial (e) A resident shall have access to a telephone in the harm and, after a discussion of the risk, the resident residence to make calls in privacy. Nontoll calls must be declines alternatives to mitigate the risk. without charge to the resident. (h) Individualized nature. An informed consent agree- (f) A resident has the right to receive and send mail. ment must be unique to the resident’s situation and his wish to exercise independence in directing the manner in (1) Outgoing mail may not be opened or read by staff which he receives care. The informed consent agreement persons unless the resident requests. shall be utilized only when a resident’s decision, behavior (2) Incoming mail may not be opened or read by staff or action creates a situation and places the resident or persons unless upon the request of the resident or the persons other than the resident at imminent risk of resident’s designated person. substantial harm. A licensee may not require execution of (g) A resident has the right to communicate privately an informed consent agreement as a standard condition of with and access the local ombudsman. admission. (h) A resident has the right to practice the religion or (i) Liability. Execution of an informed consent agree- faith of the resident’s choice, or not to practice any ment does not constitute a waiver of liability beyond the religion or faith. scope of the agreement or with respect to acts of negli- gence or tort. An informed consent agreement does not (i) A resident shall receive assistance in accessing relieve a licensee of liability for violation of statutory or health care services.

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(j) A resident shall receive assistance in obtaining and § 2800.43. Prohibition against deprivation of rights. keeping clean, seasonal clothing. A resident’s clothing may not be shared with other residents. (a) A resident may not be deprived of his rights. (k) A resident and the resident’s designated person, (b) A resident’s rights may not be used as a reward or and other individuals upon the resident’s written ap- sanction. proval shall have the right to access, review and request (c) Waiver of any resident right shall be void. corrections to the resident’s record. § 2800.44. Complaint procedures. (l) A resident has the right to furnish his living unit and purchase, receive, use and retain personal clothing (a) Prior to admission, the residence shall inform the and possessions. resident and the resident’s designated person of the right to file and the procedure for filing a complaint with the (m) A resident has the right to leave and return to the Department’s Assisted Living Residence Office, local om- residence at times consistent with the residence rules and budsman or protective services unit in the area agency on the resident’s support plan. aging, Pennsylvania Protection & Advocacy, Inc. or law (n) A resident has the right to relocate and to request enforcement agency. and receive assistance, from the residence, in relocating (b) The residence shall permit and respond to oral and to another facility. The assistance must include helping written complaints from any source regarding an alleged the resident get information about living arrangements, violation of resident rights, quality of care or other matter making telephone calls and transferring records. without retaliation or the threat of retaliation. (o) A resident has the right to freely associate, organize and communicate with his friends, family, physician, (c) If a resident indicates that he wishes to make a attorney and other persons. written complaint, but needs assistance in reducing the complaint to writing, the residence shall assist the resi- (p) A resident shall be free from restraints. dent in writing the complaint. (q) A resident shall be compensated in accordance with (d) The residence shall ensure investigation and resolu- State and Federal labor laws for labor performed on tion of complaints. The residence shall designate the staff behalf of the residence. Residents may voluntarily and person responsible for receiving complaints and determin- without coercion perform tasks related directly to the ing the outcome of the complaint. resident’s personal space or common areas of the resi- dence. (e) Within 2 business days after the submission of a written complaint, a status report shall be provided by (r) A resident has the right to receive visitors at any the residence to the complainant. If the resident is not time provided that the visits do not adversely affect other the complainant, the resident and the resident’s desig- residents. A residence may adopt reasonable policies and nated person shall receive the status report unless procedures related to visits and access. If the residence contraindicated by the support plan. The status report adopts those policies and procedures, they will be binding must indicate the steps that the residence is taking to on the residents. investigate and address the complaint. (s) A resident has the right to privacy of self and (f) Within 7 days after the submission of a written possessions. Privacy shall be provided to the resident complaint, the residence shall give the complainant and, during bathing, dressing, changing and medical proce- if applicable, the designated person, a written decision dures. explaining the residence’s investigation findings and the action the residence plans to take to resolve the com- (t) A resident has the right to file complaints on behalf plaint. If the resident is not the complainant, the affected of himself and others with any individual or agency and resident shall receive a copy of the decision unless recommend changes in policies, residence rules and ser- contraindicated by the support plan. If the residence’s vices of the residence without intimidation, retaliation or investigation validates the complaint allegations, a resi- threat of discharge. dent who could potentially be harmed or his designated (u) A resident has the right to remain in the residence, person shall receive a copy of the decision, with the name as long as it is operating with a license, except as of the affected resident removed, unless contraindicated specified in § 2800.228 (relating to transfer and dis- by the support plan. charge). (g) The telephone number of the Department’s Assisted (v) A resident has the right to receive services con- Living Residence Office, the local ombudsman or protec- tracted for in the resident-residence contract. tive services unit in the area agency on aging, Pennsylva- nia Protection & Advocacy, Inc., the local law enforcement (w) A resident has the right to use both the residence’s agency, the Commonwealth Information Center and the procedures and external procedures, if any, to appeal assisted living residence complaint hotline shall be posted involuntary discharge. in large print in a conspicuous and public place in the (x) A resident has the right to a system to safeguard a residence. resident’s money and property. STAFFING (y) To the extent prominently displayed in the written § 2800.51. Criminal history checks. resident-residence contract, a residence may require resi- dents to use providers of supplemental health care ser- Criminal history checks and hiring policies shall be in vices as provided in § 2800.142 (relating to assistance accordance with the Older Adult Protective Services Act with health care and supplemental health care services). (35 P. S. §§ 10225.101—10225.5102), and 6 Pa. Code When the residence does not designate, the resident may Chapter 15 (relating to protective services for older choose the supplemental health care service provider. adults).

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§ 2800.52. Staff hiring, retention and utilization. (3) Be free from a medical condition, including drug or Hiring, retention and utilization of staff persons shall alcohol addiction, that would limit direct care staff per- be in accordance with the Older Adult Protective Services sons from providing necessary personal care services with Act (35 P. S. §§ 10225.101—10225.5102), 6 Pa. Code reasonable skill and safety. Chapter 15 (relating to protective services for older (b) A volunteer who performs or provides ADLs shall adults) and other applicable regulations. meet the direct staff person qualifications and training § 2800.53. Qualifications and responsibilities of ad- requirements specified in this chapter. ministrators. (c) A resident receiving personal care services who (a) The administrator shall have one of the following voluntarily performs tasks in the residence will not be qualifications: considered a volunteer under this chapter. (1) A license as a registered nurse from the Depart- (d) Food services or housekeeping staff may be 16 or 17 ment of State and 1 year, in the prior 10 years, of direct years of age. care or administrative experience in a health care or § 2800.55. Portability of staff qualifications and human services field. training. (2) An associate’s degree or 60 credit hours from an A staff person who transfers to another licensed resi- accredited college or university in a human services field dence, or from a licensed personal care home shall be and 1 year, in the prior 10 years, of direct care or given credit for any completed hours of training that are administrative experience in a health care or human required on an annual basis, provided however, that the services field. staff person shall complete any additional training re- (3) An associate’s degree or 60 credit hours from an quired by these regulations for assisted living residence accredited college or university in a field that is not direct care staff. related to human services and 2 years, in the prior 10 years, of direct care or administrative experience in a § 2800.56. Administrator staffing. health care or human services field. (a) The administrator shall be present in the residence (4) A license as a licensed practical nurse from the an average of 40 hours or more per week, in each Department of State and 1 year, in the prior 10 years, of calendar month. At least 30 hours per month shall be direct care or administrative experience in a health care during normal business hours. or human services field. (b) The administrator shall designate a staff person to (5) A license as a nursing home administrator from the supervise the residence in the administrator’s absence. Department of State and 1 year, in the prior 10 years, of The designee shall have the same training required for an direct care or administrative experience in a health care administrator. or human services field. § 2800.57. Direct care staffing. (b) The administrator shall be 21 years of age or older. (a) At all times one or more residents are present in (c) The administrator shall be responsible for the ad- the residence, a direct care staff person who is 21 years of ministration and management of the residence, including age or older and who serves as the designee shall be the health, safety and well-being of the residents, imple- present in the residence. The direct care staff person may mentation of policies and procedures and compliance with be the administrator if the administrator provides direct this chapter. care services. (d) The administrator shall have the ability to provide (b) Direct care staff persons shall be available to personal care services or to supervise or direct the work provide at least 1 hour per day of personal care services to provide personal care services. to each mobile resident. (e) The administrator shall have knowledge of this (c) Direct care staff persons shall be available to pro- chapter. vide at least 2 hours per day of personal care services to each resident who has mobility needs. (f) The administrator shall have the ability to comply with applicable laws, rules and regulations, including this (d) At least 75% of the personal care service hours chapter. specified in subsections (b) and (c) shall be available (g) The administrator shall have the ability to main- during waking hours. tain or supervise the maintenance of financial and other § 2800.58. Awake staff persons. records. Direct care staff persons on duty in the residence shall (h) The administrator shall be free from a medical be awake at all times. condition, including drug or alcohol addiction that would limit the administrator from performing duties with § 2800.59. Multiple buildings. reasonable skill and safety. (a) For a residence with multiple buildings on the same § 2800.54. Qualifications for direct care staff per- premises that are within 300 feet of one another, the sons. direct care staff person required in § 2800.57 (relating to direct care staffing) shall be on the premises and avail- (a) Direct care staff persons shall have the following able by a two-way communication system at all times qualifications: residents are present in the residence. (1) Be 18 years of age or older, except as permitted in subsection (d). (b) For a residence with multiple buildings on the same premises regardless of the distance between buildings, (2) Have a high school diploma, GED or active registry the direct care staffing requirements in § 2800.57 apply status on the Pennsylvania nurse aide registry. at all times residents are present in the residence.

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§ 2800.60. Additional staffing based on the needs of § 2800.69 (relating to additional dementia-specific the residents. training) shall be in addition to the 100-hour training course. (a) Staffing shall be provided to meet the needs of the residents as specified in the resident’s assessment and (3) A Department-approved competency-based training support plan. Residence staff or service providers who test with a passing score. provide services to the residents in the residence shall meet the applicable professional licensure requirements. (b) The standardized Department-approved administra- tor training course specified in subsection (a)(2) must (b) The staffing level in this chapter is minimum only. include the following: The Department may require additional staffing as neces- sary to protect the health, safety and well-being of the (1) Fire prevention and emergency preparedness. residents. Requirements for additional staffing will be based on the resident’s assessment and support plan, the (2) Medication procedures, medication effects and side design and construction of the residence and the opera- effects, universal precautions and personal hygiene. tion and management of the residence. (3) Certification in CPR and obstructed airway tech- (c) Additional staff hours, or contractual hours, shall be niques and training in first aid. provided as necessary to meet the transportation, laun- dry, food service, housekeeping and maintenance needs of (4) Personal care services. the residence. (5) Local, State and Federal laws and regulations (d) In addition to the staffing requirements in this pertaining to the operation of a residence. chapter, the residence shall have a nurse on call at all (6) Nutrition, food handling and sanitation. times. The on-call nurse shall be either an employee of the residence or under contract with the residence. (7) Recreation. (e) The residence shall have a dietician on staff or (8) Care for residents with mental illness. under contract to provide for any special dietary needs of a resident as indicated in his support plan. (9) Resident rights. § 2800.61. Substitute personnel. (10) Care for residents with special needs. When regularly scheduled direct care staff persons are (11) Care for residents with mental retardation. absent, the administrator shall arrange for coverage by substitute personnel who meet the direct care staff (12) Community resources, social services and activities qualifications and training requirements as specified in in the community. §§ 2800.54 and 2800.65 (relating to qualifications for direct care staff persons; and direct care staff person (13) Staff supervision and staff person training includ- training and orientation). ing developing orientation and training guidelines for staff. § 2800.62. List of staff persons. (14) Budgeting, financial recordkeeping and resident The administrator shall maintain a current list of the records including: names, addresses and telephone numbers of staff persons including substitute personnel and volunteers. (i) Writing, completing and implementing initial assess- § 2800.63. First aid, CPR and obstructed airway ments, annual assessments and support plans. training. (ii) Resident-residence contracts. (a) There shall be sufficient staff trained in first aid and certified in obstructed airway techniques and CPR (15) Gerontology. present in the residence at all times to meet the needs of (16) Abuse and neglect prevention and reporting. the residents. (b) Current training in first aid and certification in (17) Cultural competency. obstructed airway techniques and CPR shall be provided (18) The requirements of this chapter. by an individual certified as a trainer by a hospital or other recognized health care organization. (c) An administrator shall have at least 24 hours of (c) Licensed, certified and registered medical personnel annual training relating to the job duties. The meet the qualifications in subsection (a) and are exempt Department-approved administrator training course from the training requirements in subsections (a) and (b). specified in subsection (a) fulfills the annual training requirement for the first year. (d) A staff person who is trained in first aid or certified in obstructed airway techniques or CPR shall provide (d) Annual training shall be provided by Department- those services in accordance with his training, unless the approved training sources listed in the Department’s resident has a do not resuscitate order. assisted living residence training resource directory or by an accredited college or university. § 2800.64. Administrator training and orientation. (e) An administrator who has successfully completed (a) Prior to initial employment as an administrator, a the training in subsections (a)—(d) shall provide written candidate shall successfully complete the following: verification of successful completion to the Department’s (1) An orientation program approved and administered Assisted Living Residence Office. by the Department. (f) A record of training including the individual trained, (2) A 100-hour standardized Department-approved ad- date, source, content, length of each course and copies of ministrator training course. The training provided for in certificates received shall be kept.

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§ 2800.65. Direct care staff person training and ori- (vi) Implementation of the initial assessment, annual entation. assessment and support plan. (a) Prior to or during the first work day, direct care (vii) Nutrition, food handling and sanitation. staff persons including ancillary staff persons, substitute (viii) Recreation, socialization, community resources, personnel and volunteers shall have an orientation in social services and activities in the community. general fire safety and emergency preparedness that includes the following: (ix) Gerontology. (1) Evacuation procedures. (x) Staff person supervision, if applicable. (2) Staff duties and responsibilities during fire drills, (xi) Care and needs of residents with special emphasis as well as during emergency evacuation, transportation on the residents being served in the residence. and at an emergency location, if applicable. (xii) Safety management and hazard prevention. (3) The designated meeting place outside the building (xiii) Universal precautions. or within the fire-safe area in the event of an actual fire. (xiv) The requirements of this chapter. (4) Smoking safety procedures, the residence’s smoking policy and location of smoking areas, if applicable. (xv) Infection control. (5) The location and use of fire extinguishers. (xvi) Care for individuals with mobility needs, such as prevention of decubitus ulcers, incontinence, malnutrition (6) Smoke detectors and fire alarms. and dehydration, if applicable to the residents served in (7) Telephone use and notification of emergency ser- the residence. vices. (e) Direct care staff persons shall have at least 12 (b) Within 40 scheduled working hours, direct care hours of annual training relating to their job duties. The staff persons, ancillary staff persons, substitute personnel training required in § 2800.69 (relating to additional and volunteers shall have an orientation that includes the dementia-specific training) shall be in addition to the 12 following: hour annual training. (1) Resident rights. (f) Training topics for the annual training for direct care staff persons must include the following: (2) Emergency medical plan. (1) Medication self-administration training. (3) Mandatory reporting of abuse and neglect under the Older Adult Protective Services Act (35 P. S. (2) Instruction on meeting the needs of the residents as §§ 10225.101—10225.5102). described in the preadmission screening form, assessment tool, medical evaluation and support plan. (4) Reporting of reportable incidents and conditions. (3) Care for residents with dementia and cognitive (5) Safe management techniques. impairments. (6) Core competency training that includes the follow- (4) Infection control and general principles of cleanli- ing: ness and hygiene and areas associated with immobility, (i) Person-centered care. such as prevention of decubitus ulcers, incontinence, malnutrition and dehydration. (ii) Communication, problem solving and relationship skills. (5) Personal care service needs of the resident. (iii) Nutritional support according to resident prefer- (6) Safe management techniques. ence. (7) Care for residents with mental illness or mental (c) Ancillary staff persons shall have a general orienta- retardation, or both, if the population is served in the tion to their specific job functions as it relates to their residence. position prior to working in that capacity. (g) Direct care staff persons, ancillary staff persons, (d) Direct care staff persons may not provide unsuper- substitute personnel and regularly scheduled volunteers vised ADL services until completion of the following: shall be trained annually in the following areas: (1) Training that includes a demonstration of job du- (1) Fire safety completed by a fire safety expert or by a ties, followed by supervised practice. staff person trained by a fire safety expert. Videos prepared by a fire safety expert are acceptable for the (2) Successful completion and passing the Department- training if accompanied by an onsite staff person trained approved direct care training course and passing of the by a fire safety expert. competency test. (2) Emergency preparedness procedures and recogni- (3) Initial direct care staff person training to include tion and response to crises and emergency situations. the following: (3) Resident rights. (i) Safe management techniques. (4) The Older Adult Protective Services Act. (ii) Assisting with ADLs and IADLs. (5) Falls and accident prevention. (iii) Personal hygiene. (6) New population groups that are being served at the (iv) Care of residents with mental illness, neurological residence that were not previously served, if applicable. impairments, mental retardation and other mental dis- abilities. (h) If a staff person has completed the required initial direct care staff person training within the past year as a (v) The normal aging-cognitive, psychological and func- direct care staff person at another residence, the require- tional abilities of individuals who are older. ment for initial direct care staff person training in this

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 PROPOSED RULEMAKING 4475 section does not apply if the staff person provides written (b) To receive the Department’s certification as an verification of completion of the training. approved instructor for assisted living residence adminis- (i) A record of training including the staff person trators, an instructor shall successfully complete the trained, date, source, content, length of each course and Department’s train-the-trainer course. The train-the- copies of any certificates received, shall be kept. trainer course is designed to provide and reinforce basic training skills, including the roles and responsibilities of § 2800.66. Staff training plan. the trainer, training methodology, the use of instructional (a) A staff training plan shall be developed annually. aids and recordkeeping. (b) The plan must include training aimed at improving (c) An instructor shall demonstrate competent instruc- the knowledge and skills of the residence’s direct care tional skills and knowledge of the applicable topic and staff persons in carrying out their job responsibilities. The meet the Department’s qualifications for the topic being staff training plan must include the following: taught. (1) The name, position and duties of each direct care (d) An instructor is subject to unannounced monitoring staff person. by the Department while conducting training. (2) The required training courses for each staff person. (e) The Department will establish approval standards (3) The dates, times and locations of the scheduled that include the following: training for each staff person for the upcoming year. (1) The mechanism to measure the quality of the (c) Documentation of compliance with the staff training training being offered. plan shall be kept. (2) The criteria for selecting and evaluating instructors, § 2800.67. Training institution registration. subject matter and instructional materials. (a) An institution and the course of study offered by an (3) The criteria for evaluating requests to amend a educational institution, association, professional society or course. organization for the purpose of educating and qualifying applicants for certification as assisted living residence (4) The criteria for evaluating the effectiveness of each administrators shall be registered and approved by the course. Department prior to offering the course of study. (5) The instructor qualifications for each subject being (b) An application for registration of an institution and taught. approval of a course of study shall be submitted to the (f) The Department may withdraw approval under the Department on a form provided by the Department and following conditions: include the following information: (1) Failure to follow the approved curriculum. (1) The full name, address, telephone number, facsimile number and electronic mail address of the prospective (2) Lack of trainer competency. training provider, each instructor and the program coordi- (3) A pattern of violations of this chapter by a resi- nator. dence conducting the training. (2) The training objectives, instructional materials, con- tent and teaching methods to be used and the number of § 2800.69. Additional dementia-specific training. clock hours. Administrative staff, direct care staff persons, ancillary (3) The recommended class size. staff persons, substitute personnel and volunteers shall receive at least 4 hours of dementia-specific training (4) The attendance certification method. within 30 days of hire and at least 2 hours of dementia- (5) Proof that each course instructor is certified by the specific training annually thereafter in addition to the Department to conduct administrator training. training requirements of this chapter. (6) The subject that each instructor will teach and PHYSICAL SITE documentation of the instructor’s academic credentials, instructional experience and work experience to teach the § 2800.81. Physical accommodations and equip- subject. ment. (7) The location of the training site, which shall accom- (a) The residence shall provide or arrange for physical modate the number of anticipated participants. site accommodations and equipment necessary to meet the health and safety needs of a resident with a disability (c) A request to amend a Department-approved course and to allow safe movement within the residence and of study shall be submitted for the Department’s review exiting from the residence. and approval prior to implementation of a change in the course of study. (b) Wheelchairs, walkers, prosthetic devices and other (d) The training institution shall issue a training cer- apparatus used by residents must be clean, in good repair tificate to each participant who successfully completes the and free of hazards. Department-approved course and passes the competency § 2800.82. Poisons. test. Each training certificate must indicate the partici- pant’s name, the name of the training institution, the (a) Poisonous materials shall be stored in their origi- date and location of the training and the number of clock nal, labeled containers. hours completed for each training topic. (b) Poisonous materials shall be stored separately from § 2800.68. Instructor approval. food, food preparation surfaces and dining surfaces. (a) Training for assisted living residence administrators (c) Poisonous materials shall be kept locked and inac- provided by an individual who is not certified as an cessible to residents unless all of the residents living in instructor by the Department will not be considered valid the residence are able to safely use or avoid poisonous training. materials.

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§ 2800.83. Temperature. § 2800.89. Water. (a) The indoor temperature, in areas used by the (a) The residence must have hot and cold water under residents, must be at least 70° F when residents are pressure in each bathroom, kitchen and laundry area to present in the residence. accommodate the needs of the residents in the residence. (b) A residence in existence prior to (Editor’s (b) Hot water temperature in areas accessible to the Note: The blank refers to the effective date of adoption of resident may not exceed 120° F. this proposed rulemaking.) shall provide central air condi- tioning. If central air conditioning is not feasible or is cost (c) A residence that is not connected to a public water prohibitive, window air conditioning units shall be pro- system shall have a coliform water test at least every 3 vided. The residence shall submit justification to the months, by a Department of Environmental Protection- Department for the use of window air conditioning units. certified laboratory, stating that the water is below maximum contaminant levels. A public water system is a (c) For new construction after (Editor’s system that provides water to the public for human Note: The blank refers to the effective date of adoption of consumption, which has at least 15 service connections or this proposed rulemaking.), the residence shall provide regularly serves an average of at least 25 individuals central air conditioning. daily at least 60 days out of the year. § 2800.84. Heat sources. (d) If the water is found to be above maximum con- Heat sources, such as steam and hot heating pipes, taminant levels, the residence shall conduct remediation water pipes, fixed space heaters, hot water heaters and activity to reduce the level of contaminants to below the radiators exceeding 120° F that are accessible to the maximum contaminant level. During remediation activity, resident must be equipped with protective guards or an alternate source of drinking water shall be provided to insulation to prevent the resident from coming in contact the residents. with the heat source. (e) The residence shall keep documentation of the § 2800.85. Sanitation. laboratory certification, in addition to the results and corrections made to ensure safe water for drinking. (a) Sanitary conditions shall be maintained. § 2800.90. Communication system. (b) There may be no evidence of infestation of insects or rodents in the residence. (a) The residence shall have a working, noncoin oper- ated, landline telephone that is accessible in emergencies (c) Trash shall be removed from the premises at least and accessible to individuals with disabilities. once a week. (b) For a residence serving 9 or more residents, there (d) Trash in kitchens and bathrooms shall be kept in shall be a system or method of communication that covered trash receptacles that prevent the penetration of enables staff persons to immediately contact other staff insects and rodents. persons in the residence for assistance in an emergency. (e) Trash outside the residence shall be kept in covered § 2800.91. Emergency telephone numbers. receptacles that prevent the penetration of insects and rodents. Telephone numbers for the nearest hospital, police (f) For a residence serving 9 or more residents that is department, fire department, ambulance, poison control, not connected to a public sewer system, there shall be a local emergency management and assisted living resi- written sanitation approval for its sewage system by the dence complaint hotline shall be posted on or by each sewage enforcement official of the municipality in which telephone with an outside line. the residence is located. § 2800.92. Windows and screens. § 2800.86. Ventilation. Windows, including windows in doors, must be in good (a) All areas of the residence that are used by the repair and securely screened when doors or windows are resident shall be ventilated. Ventilation includes an oper- open. able window, air conditioner, fan or mechanical ventila- § 2800.93. Handrails and railings. tion that ensures airflow. (a) Each ramp, interior stairway, hallway and outside (b) A bathroom that does not have an operable, outside steps must have a well-secured handrail. window must be equipped with an exhaust fan for ventilation. (b) Each porch must have a well-secured railing. § 2800.87. Lighting. § 2800.94. Landings and stairs. The residence’s rooms, hallways, interior stairs, outside (a) Interior and exterior doors that open directly into a steps, outside doorways, porches, ramps, evacuation stairway and are used for exit doors, resident areas and routes, outside walkways and fire escapes must be lighted fire exits must have a landing, which is a minimum of 3 and marked to ensure that residents, including those feet by 3 feet. with vision impairments, can safely move through the residence and safely evacuate. (b) Interior stairs, exterior steps and ramps must have nonskid surfaces. § 2800.88. Surfaces. (c) Stairs must have strips for those with vision impair- (a) Floors, walls, ceilings, windows, doors and other ments. surfaces must be clean, in good repair and free of hazards. § 2800.95. Furniture and equipment. (b) The residence may not use asbestos products for Furniture and equipment must be in good repair, clean renovations or new construction. and free of hazards.

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§ 2800.96. First aid kit. must have at least 175 square feet measured wall to wall, excluding bathrooms and closet space. If two residents (a) The residence shall have a first aid kit that in- share a living unit, there must be an additional 80 square cludes an automatic electronic defibrillation device, non- feet in the living unit. porous disposable gloves, antiseptic, adhesive bandages, gauze pads, thermometer, adhesive tape, scissors, breath- (3) Each living unit must have a telephone jack and ing shield, eye coverings and tweezers. individually controlled thermostats for heating and cool- ing. (b) Staff persons shall know the location of the first aid kit. (4) The doors in living units, including entrance doors, must be accessible or adaptable for wheelchair use. (c) The first aid kit must be in a location that is easily accessible to staff persons. (c) Two residents may voluntarily agree to share one living unit provided that the agreement is in writing and § 2800.97. Elevators and stair glides. contained in each of the resident-residence contract of Each elevator and stair glide must have a certificate of those residents. A licensee may not require residents to operation from the Department of Labor and Industry or share a living unit. The maximum number of residents in the appropriate local building authority in accordance any living unit shall be two residents. with 34 Pa. Code Chapter 405 (relating to elevators and (d) Kitchen capacity requirements are as follows: other lifting devices). (1) New construction. For new construction of resi- § 2800.98. Indoor activity space. dences after (Editor’s Note: The blank refers to (a) The residence shall have at least two indoor wheel- the effective date of adoption of this proposed rule- chair accessible common rooms for all residents for making.), the kitchen capacity, at a minimum, must activities such as reading, recreation and group activities. contain a small refrigerator with a freezer compartment, One of the common rooms shall be available for resident a cabinet for food storage, a small bar-type sink with hot use at any time, provided the use does not affect or and cold running water and space with electrical outlets disturb others. suitable for small cooking appliances such as a microwave oven. The cooking appliances shall be designed so that (b) The residence shall have at least one furnished they can be disconnected and removed for resident safety living room or lounge area for residents, their families or if the resident chooses not to have cooking capability in and visitors. The combined living room or lounge areas his living unit. must accommodate all residents at one time. There must be at least 15 square feet per living unit for up to 50 (2) Existing facilities. Facilities that convert to resi- living units. There must be a total of 750 square feet if dences after (Editor’s Note: The blank refers to there are more than 50 living units. These rooms or areas the effective date of adoption of this proposed rule- must contain tables, chairs and lighting to accommodate making.), must meet the following requirements related the residents, their families and visitors. to kitchen capacity: (c) The residence shall have a working television and (i) The residence shall provide a small refrigerator in radio available to residents in a living room or lounge each living unit. area. (ii) The residence shall provide a microwave oven in § 2800.99. Recreation space. each living unit. The residence shall provide regular access to outdoor (iii) The residence shall provide access to a sink for and indoor recreation space and recreational items, such dishes, a stovetop for hot food preparation and a food as books, newspapers, magazines, puzzles, games, cards preparation area in a common area. A common resident and crafts. kitchen may not include the kitchen used by the resi- dence staff for the preparation of resident or employee § 2800.100. Exterior conditions. meals, or the storage of goods. (a) The exterior of the building and the building (e) Ceiling height in each living unit must be an grounds or yard must be in good repair and free of average of at least 7 feet. hazards. (f) Each living unit must have at least one window (b) The residence shall ensure that ice, snow and with direct exposure to natural light. obstructions are removed from outside walkways, ramps, steps, recreational areas and exterior fire escapes. (g) A resident’s bedroom in the living unit shall be used only by the occupying resident unless two consenting § 2800.101. Resident living units. adult residents agree to share a bedroom and the require- (a) A residence shall provide a resident with the resi- ments of subsection (c) are met. dent’s own living unit unless the conditions of subsection (h) Each living unit must have a door with a lock, (c) are met. except where a lock in a unit under a special care (b)(1) For new construction of residences after designation would pose a risk or be unsafe. (Editor’s Note: The blank refers to the effective date of (i) A resident shall have access to his living unit at all adoption of this proposed rulemaking.), each living unit times. for a single resident must have at least 250 square feet of floor space measured wall-to-wall, excluding bathrooms (j) Each resident shall have the following in the living and closet space. If two residents share a living unit, unit: there must be an additional 80 square feet in the living (1) A bed with a solid foundation and fire retardant unit. mattress that is in good repair, clean and supports the (2) For residences in existence prior to (Edi- resident. tor’s Note: The blank refers to the effective date of (2) A chair for each resident that meets the resident’s adoption of this proposed rulemaking.), each living unit needs.

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(3) Pillows, bed linens and blankets that are clean and (j) Towels and washcloths shall be in the possession of in good repair. the resident in the resident’s living unit unless the (4) A storage area for clothing that includes a chest of resident has access to the residence’s linen supply. drawers and a closet or wardrobe space with clothing (k) Use of a common towel is prohibited. racks or shelves accessible to the resident. (l) Shelves or hooks for the resident’s towel and cloth- (5) A bedside table or a shelf. ing shall be provided. (6) A mirror. (m) A residence shall have at least one public restroom (7) An operable lamp or other source of lighting that that meets applicable local, State and Federal laws and can be turned on at bedside. guidelines and that is convenient to common areas and wheelchair accessible. (8) If a resident shares a bedroom with another resi- dent, the items specified in paragraphs (4)—(7) may be (n) Each bathroom must be equipped with an emer- shared with one other resident. gency notification system to notify staff in the event of an emergency. (k) Cots and portable beds are prohibited. § 2800.103. Food service. (l) Bunk beds or other raised beds that require resi- dents to climb steps or ladders to get into or out of bed (a) A residence shall have access on the grounds to an are prohibited. operable kitchen with a refrigerator, sink, stove, oven, cooking equipment and cabinets or shelves for storage. If (m) A living unit may not be used as an exit from or the kitchen is not in the residence, the residence shall used as a passageway to another part of the residence have a kitchen area with a refrigerator, cooking equip- unless in an emergency situation. ment, a sink and food storage space. (n) The living unit must have walls, floors and ceilings, (b) Kitchen surfaces must be of a nonporous material which are finished, clean and in good repair. and cleaned and sanitized after each meal. (o) In living units with a separate bedroom, there must (c) Food shall be protected from contamination while be a door on the bedroom. being stored, prepared, transported and served. (p) Space for storage of personal property shall be (d) Food shall be stored off the floor. provided in a dry, protected area. (e) Food served and returned from an individual’s plate (q) There must be drapes, shades, curtains, blinds or may not be served again or used in the preparation of shutters on the living unit windows. Window coverings other dishes. Leftover food shall be labeled and dated. must be clean, in good repair, provide privacy and cover (f) Food requiring refrigeration shall be stored at or the entire window when drawn. below 40° F. Frozen food shall be kept at or below 0° F. (r) Each living unit must be equipped with an emer- Thermometers are required in refrigerators and freezers. gency notification system to notify staff in the event of an (g) Food shall be stored in closed or sealed containers. emergency. § 2800.102. Bathrooms. (h) Food shall be thawed either in the refrigerator, microwave oven, under cool water or as part of the (a) There shall be one functioning flush toilet in the cooking process. bathroom in the living unit. (i) Outdated or spoiled food or dented cans may not be (b) There shall be at least one sink and wall mirror in used. the bathroom of the living unit. (j) Eating, drinking and cooking utensils shall be (c) There shall be at least one bathtub or shower in the washed, rinsed and sanitized after each use by a method bathroom of the living unit. specified in 7 Pa. Code Chapter 46, Subchapter D (relat- (d) Toilet and bath areas in the living unit must have ing to equipment, utensils and linen). grab bars, hand rails or assist bars. Bathtubs and § 2800.104. Dining room. showers must have slip-resistant surfaces. (a) An assisted living residence shall have an accessible (e) Privacy in the living unit shall be provided for common dining space outside the resident living units. A toilets, showers and bathtubs by partitions or doors. dining room area must be equipped with tables and (f) An individual towel, washcloth and soap shall be chairs and able to accommodate the maximum number of provided for each resident unless the resident provides residents scheduled for meals at any one time. There his own supplies of these items. must be at least 15 square feet per person for residents scheduled for meals at any one time. (g) Individual toiletry items including toothpaste, toothbrush, shampoo, deodorant, comb and hairbrush (b) Dishes, glassware and utensils shall be provided for shall be made available to residents who are not recipi- eating, drinking, preparing and serving food. These uten- ents of SSI. If the residence charges for these items, the sils must be clean, and free of chips and cracks. Plastic charges shall be indicated in the resident-residence con- and paper plates, utensils and cups for meals may not be tract. Availability of toiletry items for residents who are used on a regular basis. recipients of SSI is specified in § 2800.27(d)(1) (relating (c) Condiments shall be available at the dining table. to SSI recipients). (d) Adaptive eating equipment or utensils shall be (h) Toilet paper shall be provided for every toilet. available, if needed, to assist residents in eating at the table. (i) A dispenser with soap shall be provided within reach of each bathroom sink. Bar soap is not permitted (e) Breakfast, midday and evening meals shall be unless there is a separate bar clearly labeled for each served to residents in a dining room except in the resident who shares a bathroom. following situations:

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(1) Service in the resident’s living unit shall be avail- (5) Duties and responsibilities of staff persons during able at no additional charge when the resident is unable evacuation, transportation and at the emergency location. to come to the dining room due to illness. These duties and responsibilities shall be specific to each resident’s emergency needs. (2) When room service is available in a residence, a resident may choose to have a meal served in the (6) Alternate means of meeting resident needs in the resident’s living unit. This service shall be provided at the event of a utility outage. resident’s request and may not replace daily meals in a (c) The residence shall maintain at least a 3-day supply dining room. of nonperishable food and drinking water for residents. § 2800.105. Laundry. (d) The written emergency procedures shall be re- (a) Laundry service for bed linens, towels and personal viewed, updated and submitted annually to the local clothing shall be provided by the residence, at no addi- emergency management agency. tional charge, to residents who are recipients of or eligible § 2800.108. Firearms and weapons. applicants for SSI benefits. Laundry service does not (a) A residence shall have a written policy regarding include dry cleaning. firearms. (b) Laundry service for bed linens, towels and personal (b) The policy must include, at a minimum, procedures clothing for the residents who are not recipients of SSI regarding the safety, access and use of firearms, weapons shall be provided by the residence unless otherwise and ammunition. indicated in the resident-residence contract. (c) Firearms, weapons and ammunition shall be per- (c) The supply of bed linens and towels must be mitted on the licensed premises of a residence only when sufficient to ensure a complete change of bed linen and the following conditions are met: towels at least once per week. (1) Firearms and weapons shall be contained in a (d) Bed linens and towels shall be changed at least locked cabinet located in a place other than the residents’ once every week and more often as needed to maintain living unit or in a common living area. sanitary conditions. (2) Ammunition shall be contained in a locked area (e) Clean linens and towels shall be stored in an area separate from firearms and weapons, and located in a separate from soiled linen and clothing. place other than the residents’ living unit or in a common living area. (f) Measures shall be implemented to ensure that residents’ clothing are not lost or misplaced during laun- (3) The key to the locked cabinet containing the fire- dering or cleaning. The resident’s clean clothing shall be arms, weapons and ammunition shall be in the possession returned to the resident within 24 hours after laundering. of the administrator or a designee. (4) The administrator or designee shall be the only (g) To reduce the risks of fire hazards, lint shall be individual permitted to open the locked cabinet contain- removed from the lint trap and drum of clothes dryers ing the firearms and weapons and the locked area after each use. Lint shall be cleaned from the vent duct containing the ammunition. and internal and external ductwork of clothes dryers according to the manufacturer’s instructions. (d) If a firearm, weapon or ammunition is the property of a resident, there shall be a written policy and proce- § 2800.106. Swimming areas. dures regarding the safety, access and use of firearms, If a residence operates a swimming area, the following weapons and ammunition. A resident may not take a requirements apply: firearm, weapon or ammunition out of the locked cabinet into the living area. (1) Swimming areas shall be operated in accordance with applicable laws and regulations. § 2800.109. Pets. (a) The residence rules must specify whether the resi- (2) Written policy and procedures to protect the health, dence permits pets on the premises. safety and well-being of the residents shall be developed and implemented. (b) Cats and dogs present at the residence shall have a current rabies vaccination. A current certificate of rabies § 2800.107. Emergency preparedness. vaccination from a licensed veterinarian shall be kept. (a) The administrator shall have a copy and be familiar (c) Pets that are accessible to the residents shall be in with the emergency preparedness plan for the municipal- good health and nonaggressive to the residents. ity in which the residence is located. (d) If a residence has additional charges for pets, the (b) The residence shall have written emergency proce- charges shall be included in the resident-residence con- dures that include the following: tract. (1) Contact information for each resident’s designated (e) A residence shall disclose to applicants whether person. pets are permitted and present in the residence. (2) The residence’s plan to provide the emergency FIRE SAFETY medical information for each resident that ensures confi- § 2800.121. Unobstructed egress. dentiality. (a) Stairways, hallways, doorways, passageways and (3) Contact telephone numbers of local and State emer- egress routes from living units and from the building gency management agencies and local resources for hous- must be unlocked and unobstructed. ing and emergency care of residents. (b) Except as provided in § 2800.101 (relating to resi- (4) Means of transportation in the event that relocation dent living units), doors used for egress routes from living is required. units and from the building may not be equipped with

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4480 PROPOSED RULEMAKING key-locking devices, electronic card operated systems or regular heating source shall be cleaned every year accord- other devices which prevent immediate egress of resi- ing to the manufacturer’s instructions. Documentation of dents from the building, unless the residence has written wood and coal burning stove inspections and cleanings approval or a variance from the Department of Labor and shall be kept. Industry, the Department of Health or the appropriate (c) Wood and coal burning stoves must be securely local building authority. screened or equipped with protective guards while in use. § 2800.122. Exits. § 2800.129. Fireplaces. Unless otherwise regulated by the Department of Labor (a) A fireplace must be securely screened or equipped and Industry, the Department of Health or the appropri- with protective guards while in use. ate local building authority, all buildings must have at least two independent and accessible exits from every (b) A fireplace chimney and flue shall be cleaned when floor, arranged to reduce the possibility that both will be there is an accumulation of creosote. Written documenta- blocked in an emergency situation. tion of the cleaning shall be kept. § 2800.123. Emergency evacuation. § 2800.130. Smoke detectors and fire alarms. (a) Exit doors must be equipped so that they can be (a) There shall be an operable automatic smoke detec- easily opened by residents from the inside without the tor located in each living unit. use of a key or other manual device that can be removed, (b) Smoke detectors and fire alarms must be of a type misplaced or lost. approved by the Department of Labor and Industry, the (b) Copies of the emergency procedures as specified in appropriate local building authority or local fire safety § 2800.107 (relating to emergency preparedness) shall be expert, or listed by Underwriters Laboratories. posted in a conspicuous and public place in the residence (c) If the residence serves nine or more residents, there and a copy shall be kept. shall be at least one smoke detector on each floor (c) For a residence serving nine or more residents, an interconnected and audible throughout the residence or emergency evacuation diagram of each floor showing an automatic fire alarm system that is interconnected corridors, line of travel to exit doors and location of the and audible throughout the residence. fire extinguishers and pull signals shall be posted in a (d) If one or more residents or staff persons are not conspicuous and public place on each floor. able to hear the smoke detector or fire alarm system, a (d) If the residence serves one or more residents with signaling device approved by a fire safety expert shall be mobility needs above or below grade level of the resi- used and tested so that each resident and staff person dence, there shall be a fire-safe area, as specified in with a hearing impairment will be alerted in the event of writing within the past year by a fire safety expert, on a fire. the same floor as each resident with mobility needs. (e) Smoke detectors and fire alarms shall be tested for § 2800.124. Notification of local fire officials. operability at least once per month. A written record of the monthly testing shall be kept. The residence shall notify the local fire department in writing of the address of the residence, location of the (f) If a smoke detector or fire alarm becomes inopera- living units and bedrooms and the assistance needed to tive, repair shall be completed within 48 hours of the evacuate in an emergency. Documentation of notification time the detector or alarm was found to be inoperative. shall be kept. (g) The residence’s emergency procedures shall indicate § 2800.125. Flammable and combustible materials. the procedures that will be immediately implemented until the smoke detector or fire alarms are operable. (a) Combustible and flammable materials may not be located near heat sources or hot water heaters. (h) In residences housing five or more residents with mobility needs, the fire alarm system shall be directly (b) Combustible materials shall be inaccessible to resi- connected to the local fire department or 24-hour monitor- dents. ing service approved by the local fire department, if this § 2800.126. Furnaces. service is available in the community. (a) A professional furnace cleaning company or trained § 2800.131. Fire extinguishers. maintenance staff person shall inspect furnaces at least (a) There shall be at least one operable fire extin- annually. Documentation of the inspection shall be kept. guisher with a minimum 2-A rating for each floor and (b) Furnaces shall be cleaned according to the manu- living unit, including the basement and attic. facturer’s instructions. Documentation of the cleaning (b) If the indoor floor area on a floor including the shall be kept. basement or attic is more than 3,000 square feet, there § 2800.127. Space heaters. shall be an additional fire extinguisher with a minimum (a) Portable space heaters are prohibited. 2-A rating for each additional 3,000 square feet of indoor floor space. (b) Nonportable space heaters must be well vented and installed with permanent connections and protectors. (c) A fire extinguisher with a minimum 2A-10BC rating shall be located in each kitchen and in the living units. § 2800.128. Supplemental heating sources. The kitchen extinguisher must meet the requirements for (a) The use of kerosene burning heaters is prohibited. one floor as required in subsection (a). (d) Fire extinguishers must be listed by Underwriters (b) Wood and coal burning stoves shall be used only if a Laboratories or approved by Factory Mutual Systems. local fire department or other municipal fire safety authority, professional cleaning company or trained main- (e) Fire extinguishers shall be accessible to staff per- tenance staff person inspects and approves them annu- sons. Fire extinguishers shall be kept locked if access to ally. Wood and coal burning stoves that are used as a the extinguisher by a resident could cause a safety risk to

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 PROPOSED RULEMAKING 4481 the resident. If fire extinguishers are kept locked, each (2) Medical diagnosis including physical or mental dis- staff person shall be able to immediately unlock the fire abilities of the resident, if any. extinguisher in the event of a fire emergency. (3) Medical information pertinent to diagnosis and (f) Fire extinguishers shall be inspected and approved treatment in case of an emergency. annually by a fire safety expert. The date of the inspec- tion shall be on the extinguisher. (4) Special health or dietary needs of the resident. § 2800.132. Fire drills. (5) Allergies. (a) An unannounced fire drill shall be held at least (6) Immunization history. once a month. (7) Medication regimen, contraindicated medications, (b) A fire safety inspection and fire drill conducted by a medication side effects and the ability to self-administer fire safety expert shall be completed annually. Documen- medications. tation of this fire drill and fire safety inspection shall be (8) Body positioning and movement stimulation for kept. residents, if appropriate. (c) A written fire drill record must include the date, time, the amount of time it took for evacuation, the exit (9) Health status. route used, the number of residents in the residence at (10) Mobility assessment, updated annually or at the the time of the drill, the number of residents evacuated, Department’s request. the number of staff persons participating, problems en- countered and whether the fire alarm or smoke detector (11) An indication that a tuberculin skin test has been was operative. administered with negative results within 2 years; or if the tuberculin skin test is positive, the result of a chest (d) Residents shall be able to evacuate the entire X-ray. In the event a tuberculin skin test has not been building to a public thoroughfare, or to a fire-safe area administered, the test shall be administered within 15 designated in writing within the past year by a fire safety days after admission. expert within the period of time specified in writing within the past year by a fire safety expert. For purposes (12) Information about a resident’s day-to-day personal of this subsection, the fire safety expert may not be a care needs. staff person of the residence. (b) A resident shall have a medical evaluation: (e) A fire drill shall be held during sleeping hours once (1) At least annually. every 6 months. (f) Alternate exit routes shall be used during fire drills. (2) If the medical condition of the resident changes prior to the annual medical evaluation. (g) Fire drills shall be held on different days of the week, at different times of the day and night, not § 2800.142. Assistance with health care and supple- routinely held when additional staff persons are present mental health care services. and not routinely held at times when resident attendance (a) The residence shall assist the resident to secure is low. medical care and supplemental health care services. To (h) Residents shall evacuate to a designated meeting the extent prominently displayed in the written admis- place away from the building or within the fire-safe area sion agreement, a residence may require residents to use during each fire drill. providers of supplemental health care services approved or designated by the residence. If the resident has health (i) A fire alarm or smoke detector shall be set off care coverage for the supplemental health care services, during each fire drill. the approval may not be unreasonably withheld. The (j) Elevators may not be used during a fire drill or a residence shall document the resident’s need for the fire. medical care, including updating the resident’s assess- ment and support plan. § 2800.133. Exit signs. (b) If a resident refuses routine medical or dental The following requirements apply for a residence serv- examination or treatment, the refusal and the continued ing nine or more residents: attempts to educate and inform the resident about the (1) Signs bearing the word ‘‘EXIT’’ in plain legible need for health care shall be documented in the resident’s letters shall be placed at all exits. record. (2) Access to exits shall be marked with readily visible (c) If a resident has a serious medical or dental signs indicating the direction to travel. condition, reasonable efforts shall be made to obtain (3) Exit sign letters must be at least 6 inches in height consent for treatment from the resident or the resident’s with the principal strokes of letters at least 3/4 inch wide. designated person. RESIDENT HEALTH (d) The residence shall assist the resident to secure preventative medical, dental, vision and behavioral health § 2800.141. Resident medical evaluation and health care as requested by a physician, physician’s assistant or care. certified registered nurse practitioner. (a) A resident shall have a medical evaluation by a § 2800.143. Emergency medical plan. physician, physician’s assistant or certified registered nurse practitioner documented on a form specified by the (a) The residence shall have a written emergency med- Department, within 60 days prior to admission. The ical plan that includes the following: evaluation must include the following: (1) The hospital or source of health care that will be (1) A general physical examination by a physician, used in an emergency. This shall be the resident’s choice, physician’s assistant or nurse practitioner. if possible.

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(2) Emergency transportation to be used. (d) A resident’s special dietary needs as prescribed by a (3) An emergency staffing plan. physician, physician’s assistant, certified registered nurse practitioner or dietitian shall be met. Documentation of (b) The following current emergency medical and the resident’s special dietary needs shall be kept in the health information shall be available at all times for each resident’s record. resident and shall accompany the resident when the resident needs emergency medical attention: (e) Dietary alternatives shall be available for a resident who has special health needs or religious beliefs regard- (1) The resident’s name and birth date. ing dietary restrictions. (2) The resident’s Social Security number. (f) Drinking water shall be available to the resident at (3) The resident’s medical diagnosis. all times. (4) The resident’s physician’s name and telephone (g) Between-meal snacks and beverages shall be avail- number. able at all times for each resident, unless medically (5) Current medication, including the dosage and fre- contraindicated as documented in the resident’s support quency. plan. (6) A list of allergies. (h) Residents have the right to purchase groceries and prepare their own food in addition to the three meal plan (7) Other relevant medical conditions. required in § 2800.220(b) (relating to assisted living resi- (8) Insurance or third party payer and identification dence services) in their living units unless it would be number. unsafe for them to do so consistent with their support plan. (9) The power of attorney for health care or health care proxy, if applicable. § 2800.162. Meals. (10) The resident’s designated person with current (a) There may not be more than 15 hours between the address and telephone number. evening meal and the first meal of the next day. There (11) Personal information and related instructions re- may not be more than 6 hours between breakfast and garding advance directives, do not resuscitate orders or lunch, and between lunch and supper. This requirement organ donation, if applicable. does not apply if a resident’s physician has prescribed otherwise. § 2800.144. Use of tobacco. (b) When a resident misses a meal, food adequate to (a) A residence may permit smoking tobacco in a meet daily nutritional requirements shall be available designated smoking room of the residence. and offered to the resident. (b) The residence rules must specify whether the resi- dence is designated as smoking or nonsmoking. (c) Menus, stating the specific food being served at each meal, shall be prepared for 1 week in advance and (c) A residence that permits smoking inside or outside shall be followed. Weekly menus shall be posted 1 week of the residence shall develop and implement written fire in advance in a conspicuous and public place in the safety policy and procedures that include the following: residence. (1) Proper safeguards inside and outside of the resi- (d) Past menus of meals that were served, including dence to prevent fire hazards involved in smoking, includ- changes, shall be kept for at least 1 month. ing providing fireproof receptacles and ashtrays, direct outside ventilation, no interior ventilation from the smok- (e) A change to a menu shall be posted in a conspicu- ing room through other parts of the residence, extinguish- ous and public place in the residence and shall be ing procedures, fire resistant furniture both inside and accessible to a resident in advance of the meal. Meal outside the residence and fire extinguishers in the smok- substitutions shall be made in accordance with ing rooms. § 2800.161 (relating to nutritional adequacy). (2) Location of a smoking room or outside smoking area (f) A resident shall receive adequate physical assistance a safe distance from heat sources, hot water heaters, with eating or be provided with appropriate adaptive combustible or flammable materials and away from com- devices, or both, as indicated in the resident’s support mon walkways and exits. plan. (3) Prohibition of the use of tobacco during transporta- (g) Appropriate cueing shall be used to encourage and tion by the residence. remind residents to eat and drink. (d) Smoking outside of the smoking room is prohibited. § 2800.163. Personal hygiene for food service work- NUTRITION ers. § 2800.161. Nutritional adequacy. (a) Staff persons, volunteers and residents involved in (a) Meals shall be offered that meet the recommended the storage, preparation, serving and distributing of food dietary allowances established by the United States De- shall wash their hands with hot water and soap prior to partment of Agriculture. working in the kitchen areas and after using the bath- room. (b) At least three nutritionally well-balanced meals shall be offered daily to the resident. Each meal shall (b) Staff persons, volunteers and residents shall follow include an alternative food and drink item from which sanitary practices while working in the kitchen areas. the resident may choose. (c) Staff persons, volunteers and residents involved (c) Additional portions of meals and beverages at meal- with the storage, preparation, serving and distributing of times shall be available for the resident. food shall be in good health.

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(d) Staff persons, volunteers and residents who have a (d) If a residence supplies its own vehicle for transport- discharging or infected wound, sore, lesion on hands, ing residents to and from medical and social appoint- arms or any exposed portion of their body may not work ments, a vehicle used for this purpose shall be accessible in the kitchen areas in any capacity. to resident wheelchair users and any other assistive equipment the resident may need. § 2800.164. Withholding or forcing of food prohib- ited. MEDICATIONS (a) A residence may not withhold meals, beverages, § 2800.181. Self-administration. snacks or desserts as punishment. Food and beverages (a) A residence shall provide residents with assistance, may be withheld in accordance with prescribed medical or as needed, with medication prescribed for the resident’s dental procedures. self-administration. This assistance includes helping the (b) A resident may not be forced to eat food. resident to remember the schedule for taking the medica- tion, storing the medication in a secure place and offering (c) If a resident refuses to eat or drink continuously the resident the medication at the prescribed times. during a 24-hour period, the resident’s primary care physician and the resident’s designated person shall be (b) If assistance includes helping the resident to re- immediately notified. member the schedule for taking the medication, the resident shall be reminded of the prescribed schedule. (d) If a resident has a cognitive impairment that affects (c) The resident’s assessment shall identify if the resi- the resident’s ability to consume adequate amounts of dent is able to self-administer medications as specified in food and water, a staff person shall encourage and remind § 2800.227(e) (relating to development of the support the resident to eat and drink. plan). A resident who desires to self-administer medica- TRANSPORTATION tions shall be assessed by a physician, physician’s assis- tant or certified registered nurse practitioner regarding § 2800.171. Transportation. the ability to self-administer and the need for medication (a) A residence shall be required to provide or coordi- reminders. nate transportation to and from medical and social (d) If the resident does not need assistance with medi- appointments. cation, medication may be stored in a resident’s living unit for self-administration. Medications stored in the (b) The following requirements apply whenever staff resident’s living unit shall be kept in a safe and secure persons or volunteers of the residence provide transporta- location to protect against contamination, spillage and tion for the resident: theft. The residence shall provide a lockable storage unit (1) The occupants of the vehicle shall be in an appro- for this purpose. priate safety restraint at all times the vehicle is in (e) To be considered capable to self-administer medica- motion. tions, a resident shall: (2) The driver of a vehicle shall be 18 years of age or (1) Be able to recognize and distinguish his medication. older and possess a valid driver’s license. (2) Know how much medication is to be taken. (3) The driver of the residence vehicle cannot be a (3) Know when medication is to be taken. resident. (f) The resident’s record shall include a current list of (4) At least one staff member transporting or accompa- prescription, CAM and OTC medications for each resident nying the residents shall have completed the initial new who is self-administering his medication. hire direct care staff person training as specified in § 2800.65 (relating to direct care staff training and § 2800.182. Medication administration. orientation). (a) A residence shall provide medication administration (5) The vehicle must have a first aid kit with the services for a resident who is assessed to need medication contents as specified in § 2800.96 (relating to first aid administration services in accordance with § 2800.181 kit). (relating to self-administration) and for a resident who chooses not to self-administer medications. (6) During vehicle operations, the driver may only use (b) Prescription medication that is not self- a hands-free cellular telephone. administered by a resident shall be administered by one (7) Transportation must include, when necessary, an of the following: assistant to the driver who assists the driver to escort (1) A physician, licensed dentist, licensed physician’s residents in and out of the residence and provides assistant, registered nurse, certified registered nurse assistance during the trip. practitioner, licensed practical nurse or licensed para- (c) The residence shall maintain current copies of the medic. following documentation for each of the residence’s ve- (2) A graduate of an approved nursing program func- hicles used to transport residents: tioning under the direct supervision of a professional nurse who is present in the residence. (1) Vehicle registration. (3) A student nurse of an approved nursing program (2) Valid driver’s license for vehicle operator. functioning under the direct supervision of a member of (3) Vehicle insurance. the nursing school faculty who is present in the residence. (4) Current inspection. (4) A staff person who has completed the medication administration training as specified in § 2800.190 (relat- (5) Commercial driver’s license for vehicle operator if ing to medication administration training) for the admin- applicable. istration of oral; topical; eye, nose and ear drop prescrip-

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4484 PROPOSED RULEMAKING tion medications; insulin injections and epinephrine (3) The date the prescription was issued. injections for insect bites or other allergies. (4) The prescribed dosage and instructions for adminis- (c) Medication administration includes the following tration. activities, based on the needs of the resident: (5) The name and title of the prescriber. (1) Identify the correct resident. (b) If the OTC medications and CAM belong to the (2) If indicated by the prescriber’s orders, measure resident, they must be identified with the resident’s vital signs and administer medications accordingly. name. (3) Remove the medication from the original container. (c) Sample prescription medications must have written (4) Crush or split the medication as ordered by the instructions from the prescriber that include the compo- prescriber. nents specified in subsection (a). (5) Place the medication in a medication cup or other § 2800.185. Accountability of medication and con- appropriate container, or in the resident’s hand. trolled substances. (6) Place the medication in the resident’s hand, mouth (a) The residence shall develop and implement proce- or other route as ordered by the prescriber, in accordance dures for the safe storage, access, security, distribution with the limitations specified in subsection (b)(4). and use of medications and medical equipment by trained staff persons. (7) Complete documentation in accordance with § 2800.187 (relating to medication records). (b) At a minimum, the procedures must include: § 2800.183. Storage and disposal of medications and (1) Documentation of the receipt of controlled sub- medical supplies. stances and prescription medications. (a) Prescription medications, OTC medications and (2) A process to investigate and account for missing CAM shall be kept in their original labeled containers medications and medication errors. and may not be removed more than 2 hours in advance of (3) Limited access to medication storage areas. the scheduled administration. Assistance with insulin and (4) Documentation of the administration of prescription epinephrine injections and sterile liquids shall be pro- medications, OTC medications and CAM for residents vided immediately upon removal of the medication from who receive medication administration services or assist- its container. ance with self-administration. This requirement does not (b) Prescription medications, OTC medications, CAM apply to a resident who self-administers medication with- and syringes shall be kept in an area or container that is out the assistance of a staff person and stores the locked. This includes medications and syringes unless medication in his living unit. kept in the resident’s living unit. (5) To the extent indicated in the resident’s support (c) Prescription medications, OTC medications and plan, the residence shall obtain prescribed medication for CAM stored in a refrigerator shall be kept in an area or residents and keep an adequate supply of resident medi- container that is locked unless the resident has the cation on hand at all times. capacity to store the medications in the resident’sown § 2800.186. Prescription medications. refrigerator in the resident’s living unit. (a) Each prescription medication must be prescribed in (d) Only current prescription, OTC, sample and CAM writing by an authorized prescriber. Prescription orders for individuals living in the residence may be kept in the shall be kept current. residence. (b) Prescription medications shall be used only by the (e) Prescription medications, OTC medications and resident for whom the prescription was prescribed. CAM shall be stored in an organized manner under proper conditions of sanitation, temperature, moisture (c) Changes in medication may only be made in writing and light and in accordance with the manufacturer’s by the prescriber, or in the case of an emergency, an instructions. alternate prescriber, except for circumstances in which oral orders may be accepted by nurses in accordance with (f) Prescription medications, OTC medications and regulations of the Department of State. The resident’s CAM that are discontinued, expired or for residents who medication record shall be updated as soon as the are no longer served at the residence shall be destroyed residence receives written notice of the change. in a safe manner according to the Department of Environ- mental Protection and Federal and State regulations. § 2800.187. Medication records. When a resident permanently leaves the residence, the (a) A medication record shall be kept to include the resident’s medications shall be given to the resident, the following for each resident for whom medications are designated person, if any, or the person or entity taking administered: responsibility for the new placement on the day of departure from the residence. (1) Resident’s name. (g) Subsections (a) and (e) do not apply to a resident (2) Drug allergies. who self-administers medication and stores the medica- (3) Name of medication. tion in his living unit. (4) Strength. § 2800.184. Labeling of medications. (5) Dosage form. (a) The original container for prescription medications must be labeled with a pharmacy label that includes the (6) Dose. following: (7) Route of administration. (1) The resident’s name. (8) Frequency of administration. (2) The name of the medication. (9) Administration times.

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(10) Duration of therapy, if applicable. successful completion of a Department-approved diabetes (11) Special precautions, if applicable. patient education program within the past 12 months. (12) Diagnosis or purpose for the medication, including (c) A record of the training shall be kept including the pro re nata (PRN). staff person trained, the date, source, name of trainer and documentation that the course was successfully com- (13) Date and time of medication administration. pleted. (14) Name and initials of the staff person administer- § 2800.191. Resident education. ing the medication. (b) The information in subsection (a)(13) and (14) shall The residence shall educate the resident of the right to be recorded at the time the medication is administered. question or refuse a medication if the resident believes there may be a medication error. Documentation of this (c) If a resident refuses to take a prescribed medica- resident education shall be kept. tion, the refusal shall be documented in the resident’s record and on the medication record. The refusal shall be SAFE MANAGEMENT TECHNIQUES reported to the prescriber within 24 hours, unless other- § 2800.201. Safe management techniques. wise instructed by the prescriber. Subsequent refusals to take a prescribed medication shall be reported as re- The residence shall use positive interventions to modify quired by the prescriber. or eliminate a behavior that endangers the resident (d) The residence shall follow the directions of the himself or others. Positive interventions include improv- prescriber. ing communications, reinforcing appropriate behavior, re- direction, conflict resolution, violence prevention, praise, § 2800.188. Medication errors. deescalation techniques and alternative techniques or (a) Medication errors include the following: methods to identify and defuse potential emergency situa- tions. (1) Failure to administer a medication. § 2800.202. Prohibitions. (2) Administration of the wrong medication. The following procedures are prohibited: (3) Administration of the wrong amount of medication. (4) Failure to administer a medication at the pre- (1) Seclusion, defined as involuntary confinement of a scribed time. resident in a room or living unit from which the resident is physically prevented from leaving, is prohibited. This (5) Administration to the wrong resident. does not include the admission of a resident in a secured (6) Administration through the wrong route. dementia care unit in accordance with § 2800.231 (relat- ing to admission). (b) A medication error shall be immediately reported to the resident, the resident’s designated person and the (2) Aversive conditioning, defined as the application of prescriber. startling, painful or noxious stimuli, is prohibited. (c) Documentation of medication errors and the pre- (3) Pressure point techniques, defined as the applica- scriber’s response shall be kept in the resident’s record. tion of pain for the purpose of achieving compliance, is prohibited. (d) There shall be a system in place to identify and document medication errors and the residence’s pattern of (4) A chemical restraint, defined as use of drugs or error. chemicals for the specific and exclusive purpose of con- (e) There shall be documentation of the follow-up ac- trolling acute or episodic aggressive behavior, is prohib- tion that was taken to prevent future medication errors. ited. A chemical restraint does not include a drug ordered by a physician or dentist to treat the symptoms of a § 2800.189. Adverse reaction. specific mental, emotional or behavioral condition, or as (a) If a resident has a suspected adverse reaction to a pretreatment prior to a medical or dental examination or medication, the residence shall immediately consult a treatment. physician or seek emergency medical treatment. The (5) A mechanical restraint, defined as a device that resident’s designated person shall be notified, if appli- restricts the movement or function of a resident or cable. portion of a resident’s body, is prohibited. Mechanical (b) The residence shall document adverse reactions, the restraints include geriatric chairs, handcuffs, anklets, prescriber’s response and any action taken in the resi- wristlets, camisoles, helmet with fasteners, muffs and dent’s record. mitts with fasteners, poseys, waist straps, head straps, papoose boards, restraining sheets, chest restraints and § 2800.190. Medication administration training. other types of locked restraints. A mechanical restraint (a) A staff person who has successfully completed a does not include a device used to provide support for the Department-approved medications administration course achievement of functional body position or proper balance that includes the passing of the Department’s that has been prescribed by a medical professional as performance-based competency test within the past 2 long as the resident can easily remove the device or the years may administer oral; topical; eye, nose and ear drop resident or his designee understands the need for the prescription medications and epinephrine injections for device and consents to its use. insect bites or other allergies. (6) A manual restraint, defined as a hands-on physical (b) A staff person is permitted to administer insulin means that restricts, immobilizes or reduces a resident’s injections following successful completion of a ability to move his arms, legs, head or other body parts Department-approved medications administration course freely, is prohibited. A manual restraint does not include that includes the passing of a written performance-based prompting, escorting or guiding a resident to assist in the competency test within the past 2 years, as well as ADLs or IADLs.

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§ 2800.203. Bedside rails. (6) Home health services. (a) Bedside rails may not be used unless the resident (7) Escort service to and from medical appointments if can raise and lower the rails on his own. Bedside rails transportation is coordinated by the residence. may not be used to keep a resident in bed. Use of any (d) Cognitive support services. The residence shall pro- length rail longer than half the length of the bed is vide cognitive support services to residents who require considered a restraint and is prohibited. Use of more than such services, whether in a special care unit or elsewhere one rail on the same side of the bed is not permitted. in the residence. (b) Half-length rails are permitted only if the following § 2800.221. Activities program. conditions are met: (a) The residence shall develop a program of daily (1) The resident’s assessment or support plan, or both, activities designed to promote each resident’s active in- addresses the medical symptoms necessitating the use of volvement with other residents, the resident’s family and half-length rails and the health and safety protection the community. The residence shall encourage the resi- necessary in order to safely use half-length rails. dents’ active participation in the development of the daily (2) The residence has attempted to use less restrictive activities calendar. alternatives. (b) The program must be based upon individual and (3) The resident or legal representative consented to group interests and provide social, physical, intellectual the use of half-length rails after the risk, benefits and and recreational activities in a planned, coordinated and alternatives were explained. structured manner and shall encourage active participa- tion in the community at large. SERVICES (c) The week’s daily activity calendar shall be posted in § 2800.220. Assisted living residence services. advance in a conspicuous and public place in the resi- (a) Services. The residence shall provide core services dence. as specified in subsection (b). Other individuals or agen- § 2800.222. Community social services. cies may furnish services directly or under arrangements with the residence in accordance with a mutually agreed Residents shall be encouraged and assisted in the upon charge or fee between the residence, resident and access to and use of social services in the community other individual or agency. These other services shall be which may benefit the resident, including a county men- supplemental to the core services provided by the resi- tal health and mental retardation program, a drug and dence and shall not supplant them. alcohol program, a senior citizens center, an area agency on aging or a home health care agency. (b) Core services. The residence shall, at a minimum, provide the following services: § 2800.223. Description of services. (1) Nutritious meals and snacks in accordance with (a) The residence shall have a current written descrip- §§ 2800.161 and 2800.162 (relating to nutritional ad- tion of services and activities that the residence provides equacy; and meals). including the following: (2) Laundry services in accordance with § 2800.105 (1) The scope and general description of the services (relating to laundry). and activities that the residence provides. (3) A daily program of social and recreational activities (2) The criteria for admission and discharge. in accordance with § 2800.221 (relating to activities (3) Specific services that the residence does not pro- program). vide, but will arrange or coordinate. (4) Assistance with performing ADLs and IADLs as (b) The residence shall develop written procedures for indicated in the resident’s assessment and support plan the delivery and management of services from admission in accordance with §§ 2800.23 and 2800.24 (relating to to discharge. activities; and personal hygiene). § 2800.224. Preadmission screening. (5) Assistance with self-administration of medication or (a) A determination shall be made by the administrator medication administration as indicated in the resident’s or designee within 30 days prior to admission and assessment and support plan in accordance with documented on the Department’s preadmission screening §§ 2800.181 and 2800.182 (relating to self-administration; form that the needs of the potential resident can be met and medication administration). by the services provided by the residence. (6) Household services essential for the health, safety (b) A potential resident whose needs cannot be met by and comfort of the resident based upon the resident’s the residence shall be provided with a written decision needs and preferences. denying their admission and provide a basis for their (7) Transportation in accordance with § 2800.171 (re- denial. The potential resident shall then be referred to a lating to transportation). local appropriate assessment agency. (c) Supplemental services. The residence shall provide (c) The preadmission screening shall be completed by or arrange for the provision of supplemental health care the administrator or designee. If the potential resident is services, including, but not limited to, the following: referred by a State-operated facility, a county mental health and mental retardation program, a drug and (1) Hospice services. alcohol program or an area agency on aging, a represent- (2) Occupational therapy. ative of the referral agent may complete the preadmission (3) Skilled nursing services. screening. (4) Physical therapy. (d) A potential resident who requires assisted living services but does not currently require assistance in (5) Behavioral health services. obtaining supplemental health care services may be ad-

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 PROPOSED RULEMAKING 4487 mitted to the residence, provided the resident is only (c) The administrator shall notify the Department provided assisted living services required or requested by within 30 days after a resident with mobility needs is the resident. When services are required, the residence admitted to the residence or the date when a resident shall develop a support plan as required in § 2800.227 develops mobility needs. (relating to development of the support plan). This sub- § 2800.227. Development of the support plan. section applies to residents under any of the following circumstances: (a) Each resident requiring services shall have a writ- ten support plan developed and implemented within 30 (1) A resident who may require supplemental health days of admission to the residence. The support plan shall care services in the future. be documented on the Department’s support plan form. (2) A resident who wishes to obtain assistance in (b) A residence may use its own support plan form if it obtaining the services. includes the same information as the Department’s sup- (3) A resident who resides in a facility in which the port plan form. A licensed practical nurse, under the services are available. supervision of a registered nurse, shall review and ap- prove the support plan. (e) An initial screening will not be required to com- mence supplemental health care services to a resident of (c) The support plan shall be revised within 30 days a residence under any of the following circumstances: upon completion of the annual assessment or upon changes in the resident’s needs as indicated on the (1) If the resident was not receiving the services at the current assessment. The residence shall review each time of the resident’s admission. resident’s support plan on a quarterly basis and modify (2) To transfer a resident from a portion of a residence as necessary to meet the resident’s needs. that does not provide supplemental health care services (d) Each residence shall document in the resident’s to a portion of the residence that provides such service. support plan the dietary, medical, dental, vision, hearing, mental health or other behavioral care services that will (3) To transfer a resident from a personal care home to be made available to the resident, or referrals for the a residence licensed by the same operator. resident to outside services if the resident’s physician, (f) Each residence shall demonstrate the ability to physician’s assistant or certified registered nurse practi- provide or arrange for the provision of supplemental tioner, determine the necessity of these services. This health care services in a manner protective of the health, requirement does not require a residence to pay for the safety and well-being of its residents utilizing employees, cost of these medical and behavioral care services. independent contractors or contractual arrangements (e) The resident’s support plan must document the with other health care facilities or practitioners licensed, ability of the resident to self-administer medications or registered or certified to the extent required by law to the need for medication reminders or medication adminis- provide the service. tration. (g) Persons requiring the services of a licensed long- (f) A resident shall be encouraged to participate in the term care nursing facility, may reside in a residence, development and implementation of the support plan. A provided that appropriate supplemental health care ser- resident may include a designated person or family vices are provided and the design, construction, staffing member in making decisions about services. and operation of the residence allows for safe emergency evacuation. (g) Individuals who participate in the development of the support plan shall sign and date the support plan. § 2800.225. Initial and annual assessment. (h) If a resident or designated person is unable or (a) A resident shall have a written initial assessment chooses not to sign the support plan, a notation of that is documented on the Department’s assessment form inability or refusal to sign shall be documented. within 15 days of admission. The administrator or desig- (i) The support plan shall be accessible by direct care nee, or licensed practical nurse, under the supervision of staff persons at all times. a registered nurse, may complete the initial assessment. (j) A resident or a designated person has a right to (b) A residence may use its own assessment form if it request the review and modification of his support plan. includes the same information as the Department’s as- sessment form. (k) The residence shall give a copy of the support plan to the resident and the resident’s designated person. (c) The resident shall have additional assessments as § 2800.228. Transfer and discharge. follows: (a) The facility shall ensure that a transfer or dis- (1) Annually. charge is safe and orderly and that the transfer or (2) If the condition of the resident significantly changes discharge is appropriate to meet the resident’s needs. prior to the annual assessment. This includes ensuring that a resident is transferred or discharged with all his medications, durable medical (3) At the request of the Department upon cause to equipment and personal property. The residence shall believe that an update is required. permit the resident to participate in the decision relating § 2800.226. Mobility criteria. to the relocation. (a) The resident shall be assessed for mobility needs as (b) If the residence initiates a transfer or discharge of a part of the resident’s assessment. resident, or if the legal entity chooses to close the residence, the residence shall provide a 30-day advance (b) If a resident is determined to have mobility needs written notice to the resident, the resident’s family or as part of the resident’s initial or annual assessment, designated person and the referral agent citing the specific requirements relating to the care, health and reasons for the transfer or discharge. This shall be safety of the resident shall be met immediately. stipulated in the resident-residence contract.

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(1) The 30-day advance written notice must be written (h) The only grounds for transfer or discharge of a in language in which the resident understands, or per- resident from a residence are for the following conditions: formed in American Sign Language or presented orally in (1) If a resident is a danger to himself or others and a language the resident understands if the resident does the behavior cannot be managed through interventions, not speak standard English. The notice must include the services planning or informed consent agreements. following: (2) If the legal entity chooses to voluntarily close the (i) The specific reason for the transfer or discharge. residence, or a portion of the residence. (ii) The effective date of the transfer or discharge. (3) If a residence determines that a resident’s func- (iii) The location to which the resident will be trans- tional level has advanced or declined so that the resi- ferred or discharged. dent’s needs cannot be met in the residence under § 2800.229 (relating to excludable conditions; exceptions) (iv) An explanation of the measures the resident or the or within the scope of licensure for a residence. In that resident’s designated person can take if they disagree case, the residence shall notify the resident, the resident’s with the residence decision to transfer or discharge which designated person and the local ombudsman. The resi- includes the name, mailing address, and telephone num- dence shall provide justification for the residence’s deter- ber of the State and local long-term care ombudsman. mination that the needs of the resident cannot be met. If (2) Prior to initiating a transfer or discharge of a a resident or the resident’s designated person disagrees resident, the residence shall make reasonable accommo- with the residence’s decision to transfer or discharge, the dation for aging in place that may include services from residence shall contact the local ombudsman. If the outside providers. The residence shall demonstrate residence decides to proceed with the transfer or dis- through support plan modification and documentation the charge, the ombudsman shall notify the Department. The attempts to resolve the reason for the transfer or dis- Department may take any appropriate licensure action it charge. The residence may not transfer or discharge a deems necessary based upon the report of the ombuds- resident if the resident or his designated person arranges man. In the event that there is no disagreement related for the needed services. Supplemental services may be to the transfer or discharge, a plan for other placement provided by the resident’s family, residence staff or shall be made as soon as possible by the administrator in private duty staff as agreed to by the resident and the conjunction with the resident and the resident’s desig- residence. This shall be stipulated in the resident- nated person, if any. If assistance with relocation is residence contract. needed, the administrator shall contact appropriate local agencies, such as the area agency on aging, county (3) Practicable notice, rather than a 30-day advance mental health/mental retardation program or drug and written notice is required if a delay in transfer or alcohol program, for assistance. The administrator shall discharge would jeopardize the health, safety or well- also contact the Department. being of the resident or others in the residence, as (4) If meeting the resident’s needs would require a certified by a physician or the Department. This may fundamental alteration in the residence’s program or occur when the resident needs psychiatric services or is building site, or would create an undue financial or abused in the residence, or the Department initiates programmatic burden on the residence. closure of the residence. (5) If the resident has failed to pay after reasonable (c) A residence shall give the Department written documented efforts by the residence to obtain payment. notice of its intent to close the residence, at least 60 days prior to the anticipated date of closing. (6) If closure of the residence is initiated by the Department. (d) A residence may not require a resident to leave the residence prior to 30 days following the resident’s receipt (7) Documented, repeated violation of the residence of a written notice from the residence regarding the rules. intended closure of the residence, except when the De- (8) A court has ordered the transfer or discharge. partment determines that removal of the resident at an earlier time is necessary for the protection of the health, § 2800.229. Excludable conditions; exceptions. safety and well-being of the resident. (a) Excludable conditions. Except as provided in sub- (e) The date and reason for the transfer or discharge, section (b), a residence may not admit, retain or serve an and the destination of the resident, if known, shall be individual with any of the following conditions or health recorded in the resident record and tracked in a transfer care needs: and discharge tracking chart that the residence shall (1) Ventilator dependency. maintain and make available to the Department. (2) Stage III and IV decubiti and vascular ulcers that (f) If the legal entity chooses to voluntarily close the are not in a healing stage. residence or if the Department has initiated legal action to close the residence, the Department working in con- (3) Continuous intravenous fluids. junction with appropriate local authorities, will offer (4) Reportable infectious diseases, such as tuberculosis, relocation assistance to the residents. Except in the case in a communicable state that requires isolation of the of an emergency, each resident may participate in plan- individual or requires special precautions by a caretaker ning the transfer, and shall have the right to choose to prevent transmission of the disease unless the Depart- among the available alternatives after an opportunity to ment of Health directs that isolation be established visit the alternative residences. These procedures apply within the residence. even if the resident is placed in a temporary living situation. (5) Nasogastric tubes. (6) Physical restraints. (g) Within 30 days of the residence’s closure, the legal entity shall return the license to the Department. (7) Continuous skilled nursing care 24 hours a day.

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(b) Exception. The residence may submit a written (1) Gastric tubes, except that a determination will not request to the Department on a form provided by the be required if the individual is capable of self-care of the Department for an exception related to any of the condi- gastric tube or a licensed health care professional or other tions or health care needs listed in subsection (a) or qualified individual cares for the gastric tube. (e) to allow the residence to admit, retain or serve an (2) Tracheostomy, except that a determination will not individual with one of those conditions or health care be required if the individual is independently capable of needs, unless a determination is unnecessary as set forth self-care of the tracheostomy. in subsection (e). (3) Skilled nursing care 24 hours a day, except that a (c) Submission, review and determination of an excep- determination will not be required if the skilled nursing tion request. care is provided on a temporary or intermittent basis. (1) The administrator of the residence shall submit the (4) A sliding scale insulin administration, except that a exception request. The exception request must be signed determination will not be required if the individual is and affirmed by an individual listed in subsection (d) and capable of self-administration or a licensed health care accompanied by a support plan which includes the resi- professional or other qualified individual administers the dence accommodations for treating the excludable condi- insulin. tion requiring the exception request. Proposed accommo- dations must conform with the provisions contained (5) Intermittent intravenous therapy, except that a within the resident-residence contract. determination will not be required if a licensed health care professional manages the therapy. (2) The Department will review the exception request in consultation with a certified registered nurse practi- (6) Insertions, sterile irrigation and replacement of a tioner or a physician, with experience caring for the catheter, except that a determination will not be required elderly and disabled in long-term living settings. for routine maintenance of a urinary catheter, if the individual is capable of self-administration or a licensed (3) The Department will respond to the exception re- health care professional administers the catheter. quest in writing within 5 business days of receipt. (7) Oxygen, except that a determination will not be (4) The Department may approve the exception request required if the individual is capable of self-administration if the following conditions are met: or a licensed health care professional or other qualified individual administers the oxygen. (i) The exception request is desired by the resident or applicant. (8) Inhalation therapy, except that a determination will not be required if the individual is capable of self- (ii) The resident or applicant will benefit from the administration or a licensed health care professional or approval of the exception request. other qualified individual administers the therapy. (iii) The residence demonstrates to the Department’s (9) Other types of supplemental health care services satisfaction that the residence has the staff, skills and that the administrator, acting in consultation with expertise necessary to care for the resident’s needs re- supplemental health care providers, determines can be lated to the excludable condition. provided in a safe and effective manner by the residence. (iv) The residence demonstrates to the Department’s (f) Request for exception by resident. Nothing herein satisfaction that any necessary supplemental health care prevents an individual seeking admission to a residence provider has the staff, skills and expertise necessary to or a resident from requesting that the residence apply for care for the resident’s needs related to the excludable an exception from the Department for a condition listed condition. in this section for which an exception must be granted by the Department. The residence’s determination on (v) The residence provides a written alternate care whether or not to seek such an exception shall be plan that ensures the availability of staff with the skills documented on a form supplied by the Department. and expertise necessary to care for the resident’s needs related to the excludable condition in the event the (g) Record. A written record of the exception request, supplemental health care provider is unavailable. the supporting documentation to justify the exception request and the determination related to the exception (5) The Department will render decisions on exception request shall be kept in the records of the residence. The requests on a case-by-case basis and not provide for information required by this subsection shall also be kept facility-wide exceptions. in the resident’s record. (d) Certification providers. The following persons may (h) Decisions. The residence shall record the following certify that an individual may not be admitted or re- decisions made on the basis of this section. tained in a residence: (1) Admission denials. (1) The administrator acting in consultation with (2) Transfer or discharge decisions that are made on the supplemental health care providers. basis of this section. (2) The individual’s physician or certified registered SPECIAL CARE UNITS nurse practitioner. § 2800.231. Admission. (3) The medical director of the residence. (a) This section and §§ 2800.232—2800.239 apply to (e) Departmental exceptions. A residence may admit, special care units. These provisions are in addition to the retain or serve an individual for whom a determination is other provisions of this chapter. A special care unit is a made by the Department, upon the written request of the residence or portion of a residence that provides special- residence, that the individual’s specific health care needs ized care and services for residents with Alzheimer’s can be met by a provider of assisted living services or disease or other dementia in the least restrictive manner within a residence, including an individual requiring: consistent with the resident’s support plan to ensure the

PENNSYLVANIA BULLETIN, VOL. 38, NO. 32, AUGUST 9, 2008 4490 PROPOSED RULEMAKING safety of the resident and others in the residence while (3) A description of the frequency and types of indi- maintaining the resident’s ability to age in place. Admis- vidual and group activities designed specifically to meet sion of a resident to a special care unit shall be in the needs of individuals with cognitive impairments. consultation with the resident’s family or designated person. Prior to admission into a special care unit, other (4) A description of the security measures provided by service options that may be available to a resident shall the residence. be considered. (5) A description of the training provided to staff (b) A resident shall have a medical evaluation by a regarding provision of care to individuals with cognitive physician, physician’s assistant or certified registered impairments. nurse practitioner, documented on a form provided by the (6) A description of availability of family support pro- Department, within 60 days prior to admission. Documen- grams and family involvement. tation must include the resident’s diagnosis of Alzheimer’s disease or other dementia and the need for the resident to (7) The process used for assessment and establishment be served in a special care unit. of a plan of services for the individual, including methods by which the plan of services will remain responsive to (c) A written cognitive preadmission screening com- changes in the individual’s condition. pleted in collaboration with a physician or a geriatric assessment team and documented on the Department’s (j) The residence shall identify measures to address preadmission screening form shall be completed for each individuals with cognitive impairments who have tenden- resident within 72 hours prior to admission to a special cies to wander. care unit. § 2800.232. Environmental protection. (d) A geriatric assessment team is a group of multidisciplinary specialists in the care of adults who are (a) The residence shall provide exercise space, both older that conducts a multidimensional evaluation of a indoor and outdoor. resident and assists in developing a support plan by (b) No more than two residents may occupy a living working with the resident’s physician, designated person unit regardless of its size. A living unit shall meet the and family to coordinate the resident’s care. requirement in § 2800.101 (relating to resident living (e) Each resident record must have documentation that units), as applicable. the resident and the resident’s designated person have (c) The residence shall provide space for dining, group agreed to the resident’s admission or transfer to the and individual activities and visits. special care unit. (d) The residence shall provide a full description of the (f) In addition to the requirements in § 2800.225 (re- measures taken to enhance environmental awareness and lating to initial and annual assessment), the resident maximize independence of the residents. The measures to shall also be assessed quarterly for the continuing need enhance environmental awareness and maximize inde- for the special care unit. pendence of the residents shall be implemented. (g) An individual who does not have a primary diagno- § 2800.233. Doors, locks and alarms. sis of Alzheimer’s disease or other dementia may reside in the special care unit if desired by the resident or his (a) Doors equipped with key-locking devices, electronic designated person. card operated systems or other devices that prevent immediate egress are permitted only if there is written (1) The individual shall have a medical evaluation by a approval from the Department of Labor and Industry, physician, physician’s assistant or certified registered Department of Health or appropriate local building au- nurse practitioner, documented on a form provided by the thority permitting the use of the specific locking system. Department within 60 days prior to residence or 15 days after residence. (b) A residence shall have a statement from the manu- facturer, specific to that residence, verifying that the (2) The individual shall have access to and be able to electronic or magnetic locking system will shut down, and follow directions for the operation of the key pads or other that all doors will open easily and immediately when one lock-releasing devices to exit the special care unit. or more of the following occurs: (h) The resident-residence contract specified in (1) Upon a signal from an activated fire alarm system, § 2800.25 (relating to resident-residence contract) must heat or smoke detector. also include a disclosure of services, admission and discharge criteria, change in condition policies, special (2) Power failure to the residence. programming and costs and fees. (3) Overriding the electronic or magnetic locking sys- (i) For individuals with Alzheimer’s disease or tem by use of a key pad or other lock-releasing device. dementia, or when the residence holds itself out to the public as providing services or housing for individuals (c) If key-locking devices, electronic card systems or with cognitive impairments, the residence shall disclose other devices that prevent immediate egress are used to to individuals and provide materials that include the lock and unlock exits, directions for their operation shall following: be conspicuously posted near the device. (1) The residence’s written statement of its philosophy (d) Doors that open onto areas such as parking lots, or and mission which reflects the needs of individuals with other potentially unsafe areas, shall be locked by an cognitive impairments. electronic or magnetic system. (2) A description of the residence’s physical environ- (e) Fire alarm systems must be interconnected to the ment and design features to support the functioning of local fire department, when available, or a 24-hour individuals with cognitive impairments. monitoring service approved by the local fire department.

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§ 2800.234. Resident care. § 2800.238. Staffing. (a) Within 72 hours of the admission, or within 72 Each resident in a special care unit shall be considered hours prior to the resident’s admission to the special care to be a resident with mobility needs under unit, a support plan shall be developed, implemented and § 2800.57(c) (relating to direct care staffing). documented in the resident record. § 2800.239. Application to Department. (b) The support plan must identify the resident’s physi- (a) The legal entity shall submit a written request to cal, medical, social, cognitive and safety needs. the Department at least 60 days prior to the following: (c) The support plan must identify the individual re- (1) Opening a special care unit. sponsible to address the resident’s needs. (2) Adding a special care unit to an existing residence. (d) The support plan shall be reviewed, and if neces- sary, revised at least quarterly and as the resident’s (3) Increasing the maximum capacity in an existing condition changes. unit. (e) The resident or the resident’s designated person (4) Changing the locking system, exit doors or floor shall be involved in the development and the revisions of plan of an existing unit. the support plan. (b) The Department will inspect and approve the § 2800.235. Discharge. special care unit prior to operation or change. The requirements of this chapter shall be met prior to opera- If the residence initiates a discharge or transfer of a tion. resident, or the legal entity chooses to close the residence, the administrator shall give a 30-day advance written (c) The following documents shall be included in the notice to the resident, the resident’s designated person written request specified in subsection (a): and the referral agent citing the reasons for the discharge (1) The name, address and legal entity of the residence. or transfer. This requirement shall be stipulated in the resident-residence contract signed prior to admission to (2) The name of the administrator of the residence. the special care unit. (3) The maximum capacity of the residence. § 2800.236. Training. (4) The requested resident population of the special (a) Each direct care staff person working in a special care unit. care unit shall have 8 hours of initial training within the (5) A building description. first 30 days of the date of hire and a minimum of 8 hours of annual training related to dementia care and (6) A unit description. services, in addition to the 12 hours of annual training (7) The type of locking system. specified in § 2800.65 (relating to direct care staff person (8) Policy and procedures to be implemented for emer- training and orientation). gency egress and resident elopement. (b) The training at a minimum must include the (9) A sample of a 2-week staffing schedule. following topics: (10) Verification of completion of additional training (1) An overview of Alzheimer’s disease and related requirements. dementias. (11) The operational description of the special care unit (2) Managing challenging behaviors. locking system of the doors. (3) Effective communications. (12) The manufacturer’s statement regarding the spe- (4) Assistance with ADLs. cial care unit locking system. (5) Creating a safe environment. (13) A written approval or a variance permitting locked § 2800.237. Program. exit doors from the Department of Labor and Industry, the Department of Health or the appropriate local build- (a) The following types of activities shall be offered at ing authority. least weekly: (14) The name of the municipality or 24-hour monitor- (1) Gross motor activities, such as dancing, stretching ing service maintaining the interconnection with the and other exercise. residence’s fire alarm system. (2) Self-care activities, such as personal hygiene. (15) A sample plan of care and service for the resident (3) Social activities, such as games, music and holiday addressing the resident’s physical, medical, social, cogni- and seasonal celebrations. tive and safety needs for the residents. (4) Crafts, such as sewing, decorations and pictures. (16) The activity standards. (5) Sensory and memory enhancement activities, such (17) The complete medical and cognitive preadmission as review of current events, movies, story telling, picture assessment, that is completed upon admission and re- albums, cooking, pet therapy and reminiscing. viewed and updated annually. (6) Outdoor activities, as weather permits, such as (18) A consent form agreeing to the resident’s place- walking, gardening and field trips. ment in the special care unit, to be signed by the resident or the resident’s designated person. (b) Resident participation in general activity program- ming shall: (19) A written agreement containing full disclosure of services, admission and discharge criteria, change in (1) Be voluntary. condition policies, services, special programming, costs (2) Respect the resident’s age and cognitive abilities. and fees. (3) Support the retention of the resident’s abilities. (20) A description of environmental cues being utilized.

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(21) A general floor plan of the entire residence. (19) An inventory of the resident’s property entrusted (22) A specific floor plan of the special care unit, to the administrator for safekeeping. outside enclosed area and exercise space. (20) The financial records of residents receiving assist- RESIDENT RECORDS ance with financial management. § 2800.251. Resident records. (21) The reason for termination of services or transfer of the resident, the date of transfer and the destination. (a) A separate record shall be kept for each resident. (22) Copies of transfer and discharge summaries from (b) The entries in a resident’s record must be perma- hospitals, if available. nent, legible, dated and signed by the staff person making the entry. (23) If the resident dies in the residence, a copy of the official death certificate. (c) The residence shall use standardized forms to record information in the resident’s record. (24) Signed notification of rights, grievance procedures and applicable consent to treatment protections specified (d) Separate resident records shall be kept on the in § 2800.41 (relating to notification of rights and com- premises where the resident lives. plaint procedures). (e) Resident records shall be made available to the (25) A copy of the resident-residence contract. resident and the resident’s designated person during normal working hours. Resident records shall be made (26) A termination notice, if any. available upon request to the resident and the family (27) A record relating to any exception request under members. § 2800.229 (relating to excludable conditions; exceptions). § 2800.252. Content of resident records. (28) Ongoing resident progress notes. Each resident’s record must include the following infor- § 2800.253. Record retention and disposal. mation: (a) The resident’s entire record shall be maintained for (1) Name, gender, admission date, birth date and Social a minimum of 3 years following the resident’s discharge Security number. from the residence or until any audit or litigation is (2) Race, height, weight, color of hair, color of eyes, resolved. religious affiliation, if any, and identifying marks. (b) Records shall be destroyed in a manner that pro- (3) A photograph of the resident that is no more than 2 tects confidentiality. years old. (c) The residence shall keep a log of resident records (4) Language or means of communication spoken or destroyed on or after (Editor’s Note: The blank used by the resident. refers to the effective date of adoption of this proposed rulemaking.). This log must include the resident’s name, (5) The name, address, telephone number and relation- record number, birth date, admission date and discharge ship of a designated person to be contacted in case of an date. emergency. (d) Records required under this chapter that are not (6) The name, address and telephone number of the part of the resident records shall be kept for a minimum resident’s physician or source of health care. of 3 years or until any audit or litigation is resolved. (7) The current and previous 2 years’ physician’s ex- § 2800.254. Record access and security. amination reports, including copies of the medical evalua- (a) Records of active and discharged residents shall be tion forms. maintained in a confidential manner, which prevents (8) A list of prescribed medications, OTC medications unauthorized access. and CAM. (b) Each residence shall develop and implement policy (9) Dietary restrictions. and procedures addressing record accessibility, security, storage, authorized use and release and who is respon- (10) A record of incident reports for the individual sible for the records. resident. (c) Resident records shall be stored in locked containers (11) A list of allergies. or a secured, enclosed area used solely for record storage (12) The documentation of health care services and and be accessible at all times to the administrator, the orders, including orders for the services of visiting nurse administrator’s designee, or the nurse involved in assess- or home health agencies. ment and support plan development and upon request, to the Department or representatives of the area agency on (13) The preadmission screening, initial intake assess- aging. ment and the most current version of the annual assess- ment. ENFORCEMENT (14) A support plan. § 2800.261. Classification of violations. (15) Applicable court order, if any. (a) The Department will classify each violation of this chapter into one of three categories as described in (16) The resident’s medical insurance information. paragraphs (1)—(3). A violation identified may be classi- (17) The date of entrance into the residence, relocations fied as Class I, Class II or Class III, depending upon the and discharges, including the transfer of the resident to severity, duration and the adverse effect on the health other residences owned by the same legal entity. and safety of residents. (18) An inventory of the resident’s personal property as (1) Class I. Class I violations have a substantial prob- voluntarily declared by the resident upon admission and ability of resulting in death or serious mental or physical voluntarily updated. harm to a resident.

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(2) Class II. Class II violations have a substantial (c) Failure to forward payment of the assessed penalty adverse effect upon the health, safety or well-being of a to the Secretary within 30 days will result in a waiver of resident. the right to contest the fact of the violation or the amount of the penalty. (3) Class III. Class III violations are minor violations, which have an adverse effect upon the health, safety or (d) After an administrative hearing decision that is well-being of a resident. adverse to the legal entity, or a waiver of the administra- tive hearing, the assessed penalty amount will be made (b) The Department’s guidelines for determining the payable to the ‘‘Commonwealth of Pennsylvania.’’ It will classification of violations are available from the Depart- be collectible in a manner provided by law for the ment. collection of debts. § 2800.262. Penalties and corrective action. (e) If a residence liable to pay the penalty neglects or (a) The Department will assess a penalty for each refuses to pay the penalty upon demand, the failure to violation of this chapter. pay will constitute a judgment in favor of the Common- wealth in the amount of the penalty, together with the (b) Penalties will be assessed on a daily basis from the interest and costs that may accrue on these funds. date on which the citation was issued until the date the violation is corrected, except in the case of Class II and § 2800.264. Use of fines. Class III violations. (a) Money collected by the Department under this (c) In the case of a Class II violation, assessment of the section will be placed in a special restricted receipt penalty will be suspended for 5 days from the date of account. citation to permit sufficient time for the residence to (b) Money collected will be used first to defray the correct the violation. If the residence fails to provide proof expenses incurred by residents relocated under this chap- of correction of the violation to the Department within the ter. 5-day period, the fine will be retroactive to the date of citation. The Department may extend the time period for (c) The Department will use money remaining in this good cause. account to assist with paying for enforcement of this chapter. Fines collected will not be subject to 42 Pa.C.S. (d) The Department will assess a penalty of $20 per § 3733 (relating to deposits into account). resident per day for each Class I violation. Each Class I violation shall be corrected within 24 hours. § 2800.265. Review of classifications. (e) The Department will assess a minimum penalty of Semiannually, the Department will review the standard $5 per resident per day, up to a maximum penalty of $15 guidelines for the classification of violations and evaluate per resident per day, for each Class II violation. the use of these guidelines. This review is to ensure the uniformity and consistency of the classification process. (f) There is no monetary penalty for Class III violations § 2800.266. Revocation or nonrenewal of licenses. unless the residence fails to correct the violation within 15 days. Failure to correct a Class III violation within the (a) The Department will temporarily revoke the license 15-day period may result in a penalty assessment of up to of a residence if, without good cause, one or more Class I $3 per resident per day for each Class III violation violations remain uncorrected 24 hours after the resi- retroactive to the date of the citation. dence has been cited for the violation. (g) If a residence is found to be operating without a (b) The Department will temporarily revoke the license license, a penalty of $500 will be assessed. After 14 days, of a residence if, without good cause, one or more Class II if the residence operator cited for operating without a violations remain uncorrected 15 days after the citation. license fails to file an application for a license, the Department will assess an additional $20 for each resi- (c) Upon the revocation of a license in the instances dent for each day during which the residence operator described in subsections (a) and (b), or if the residence fails to apply. continues to operate without applying for a license as described in § 2800.262(h) (relating to penalties), resi- (h) A residence charged with a violation of this chapter dents shall be relocated. or Chapter 20 (relating to licensure or approval of (d) The revocation of a license may terminate upon the facilities and agencies) has 30 days to pay the assessed Department’s determination that its violation is corrected. penalty in full. (e) If, after 3 months, the Department does not issue a § 2800.263. Appeals of penalty. new license for a residence, the prior license is revoked (a) If the residence that is fined intends to appeal the under section 1087 of the Public Welfare Code (62 P. S. amount of the penalty or the fact of the violation, the § 1087). residence shall forward the assessed penalty, not to (1) Revocation or nonrenewal under this section will be exceed $500, to the Secretary for placement in an escrow for a minimum of 5 years. account with the State Treasurer. A letter appealing the penalty shall be submitted with the assessed penalty. (2) A residence, which has had a license revoked or not This process constitutes an appeal. renewed under this section, will not be allowed to oper- ate, staff or hold an interest in a residence which applies (b) If, through an administrative hearing or judicial for a license for 5 years after the revocation or review of the proposed penalty, it is determined that no nonrenewal. violation occurred or that the amount of the penalty shall be reduced, the Secretary will, within 30 days, remit the (f) If a residence has been found to have Class I appropriate amount to the legal entity together with violations on two or more separate occasions during a interest accumulated on these funds in the escrow de- 2-year period without justification, the Department will posit. revoke or refuse to renew the license of the residence.

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(g) The power of the Department to revoke or refuse to (d) The Department will provide immediate written renew or issue a license under this section is in addition notification to the appropriate long-term care ombudsman to the powers and duties of the Department under section of Class I violations, and notification of Class II violations 1026 of the Public Welfare Code (62 P. S. § 1026). which remain uncorrected 5 days after the date of § 2800.267. Relocation of residents. citation. (a) If the relocation of residents is due to the failure of § 2800.269. Ban on admissions. the residence to apply for a license, the Department will (a) The Department will ban new admissions to a offer relocation assistance to the residents. This assist- residence: ance will include each resident’s involvement in planning (1) That has been found to have a Class I violation. the relocation, except in the case of an emergency. Each resident shall have the right to choose among the avail- (2) That has been found to have a Class II violation able alternatives after an opportunity to visit the alterna- that remains uncorrected without good cause 5 days after tive residences. These procedures will occur even if the being cited for the violation. residents are placed in a temporary living situation. (3) Whose license has been revoked or nonrenewed. (b) A resident will not be relocated if the Secretary (b) The Department may ban new admissions to a determines in writing that the relocation is not in the residence that has been found to have a repeated Class II best interest of the resident. violation within the past 2 years. § 2800.268. Notice of violations. (c) A ban on admissions will remain in effect until the (a) The administrator shall give each resident and the Department determines that the residence has corrected resident’s designated person written notification of a the violation, and after the correction has been made, has Class I violation within 24 hours of the citation. maintained regulatory compliance for a period of time sufficient to permit a conclusion that the compliance will (b) The administrator shall give each resident and the be maintained for a prolonged period. resident’s designated person oral or written notification of a Class I or Class II violation, as defined in § 2800.261 § 2800.270. Correction of violations. (relating to classification of violations), which remains The correction of a violation cited under section 1086 of uncorrected for 5 days after the date of citation. the Public Welfare Code (62 P. S. § 1086) does not (c) If a Class II violation remains uncorrected within 5 preclude the Department from issuing a provisional li- days following the citation, the administrator shall give cense based upon the same violation. written notice of the violation to each resident and the [Pa.B. Doc. No. 08-1481. Filed for public inspection August 8, 2008, 9:00 a.m.] resident’s designated person on the 6th day from the date of the citation.

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